Human and environment
Reference:
Manin I.
Micronesian States Natural Resource Law Features
// Law and Politics.
2024. ¹ 2.
P. 1-33.
DOI: 10.7256/2454-0706.2024.2.69718 EDN: JPIUFS URL: https://en.nbpublish.com/library_read_article.php?id=69718
Abstract:
The object of the study is the relations of environmental management in the Micronesian states, the subject is the legislation and doctrine in the field of exploitation of natural resources of the countries of Micronesia: Wake Island, the Republic of the Marshall Islands, the Federated States of Micronesia, the Republic of Palau, the Commonwealth of the Northern Mariinsky Islands, the Territory of Guam, the possessions of the United States of America. The author examines the features of the state natural resource mechanism in the listed jurisdictions. The article examines the institution of ownership of natural resources, the permissive procedure for the use of natural objects. In addition, the author addresses the problems of implementing the norms of international maritime law, explores the legal regime of the Micronesian waters. The work completes the "Oceanic Sonata" in the theory of natural resource law of foreign countries and takes it to the next scientific level, qualitatively raising the "bar" for followers. The relevance of the research is due to the theoretical and practical significance of the content of the article, which reflects domestic interests in Oceania. The author in the article operated with dialectical, logical, historical, formal legal, comparative legal, deduction, induction and other methods of cognition. The scientific novelty of the presented work lies in the originality of the conclusions and the work itself, which contains fundamentally new information on the subject of research. Legal publications about Micronesia are insignificant, "living classics" is presented to your attention - one of the few Russian scientific articles about this Pacific region, while the available works are largely outdated, and some jurisdictions are covered in the domestic sciences for the first time. The author discusses with foreign scientists, analyzing foreign doctrine and legislation, and suggests using the experience of the United States of America in the Russian Federation. At the same time, violations of the norms of international maritime law in the Pacific Ocean are noted, as well as cases of declaring the existence of an exclusive economic zone and the continental shelf of the United States of America in the waters of sovereign States and unoccupied atolls, but also their inclusion in the American Empire as possessions of the United States of America, acting as a possessor of other States.
Keywords:
micronesian foreign investment, mining licence, mining management, International Maritime Law, Micronesia, polymetallic nodules, continental shelf, natural resource law, subsoil ownership, land ownership
Theory
Reference:
Liu Y.
How is The Theory of Law Possible? The Subject Area of Legal Theory in A. Reinach's Phenomenological Project
// Law and Politics.
2024. ¹ 2.
P. 34-46.
DOI: 10.7256/2454-0706.2024.2.69788 EDN: GCHWIW URL: https://en.nbpublish.com/library_read_article.php?id=69788
Abstract:
The article discusses Adolf Reinach's legal doctrine project, as presented in his main work 'The Apriori Foundations of Civil Law'. The author explores the subject matter of Reinach's theoretical discipline of law and the apodictic necessity of apriori laws rooted in the essence of legal concepts. The analysis focuses on the nature of apriori laws that are based on the essence of the legal concept and the correlative relation between apriori laws and their corresponding essence. The legal doctrine of Reinach is examined with special attention to its philosophical and methodological consistency, which is conditioned by the phenomenological method during the period of the Munich-Göttingen community. The author examines the differences between the first project of eidetic-phenomenological philosophy of law and the philosophy of positive law. This article demonstrates how the phenomenological theory of cognition, specifically the theory of science, was incorporated into A. Reinach's apriori doctrine of law. To reveal the problem, it is necessary to establish connections between A. Reinach's 'Apriori Foundations of Civil Law' and Edmund Husserl's 'Logical Investigations'. The article concludes that the concept of the apriori doctrine of law represents the realization of Husserl's theory of science as outlined in the 'Logical Investigations'. The article concludes that A. Reinach defined the subject area of the theory of law by attributing it to the intensional being, relying on E. Husserl's understanding of science. It is argued that the oneness of this subject area of legal theory lies in the intensional (essence-correlative) correlation of the essence of legal concepts and their apriori laws. This study's novelty lies in revealing the epistemological aspects of Reinach's eidetic-phenomenological project, which hold methodological value for phenomenological theory of law.
Keywords:
early phenomenology, apriori laws, intentionality, legal concept, apriori doctrine, theory of law, phenomenological philosophy of law, Phenomenology of law, Adolf Reinach, Edmund Husserl
Theory
Reference:
Mitrokhin S.S.
Analytical Jurisprudence: Conceptual Framework
// Law and Politics.
2024. ¹ 2.
P. 47-57.
DOI: 10.7256/2454-0706.2024.2.69814 EDN: ECIYIY URL: https://en.nbpublish.com/library_read_article.php?id=69814
Abstract:
The subject of the study is the problem of defining the conceptual boundaries of analytical jurisprudence. In Anglo-American legal science, there is a well-established position recognised division into two stages in the development of analytical jurisprudence. The leader of the first stage is J. Austin, the founder of analytical jurisprudence, and the key figure of the second stage is H. L. A. Hart. At the same time, it is noted that scientific projects belonging to the first and second stages have fundamental differences. In this connection, in the present article the fundamental characteristics of analytical jurisprudence are identified through a comparative analysis of its projects presented in the works of the main representatives of the respective stages. The main method in the study is the interpretive method, which includes the method of problem-theoretical reconstruction. Through its application it is possible to reconstruct the theoretical provisions that determine the continuity between the two stages of analytical jurisprudence. The novelty of the study lies in the fact that it focuses on the common elements of the two stages in the development of analytical jurisprudence, which calls into question the absolute differentiation between them accepted in Anglo-American legal thought. In this regard, the study substantiates that the founding elements of analytical jurisprudence are its general and descriptive character, as well as positivist legal understanding. At the same time, the article shows that (1) the actual identification of conceptual analysis and analytical jurisprudence does not allow us to reliably explicate the continuity between the stages of analytical jurisprudence and identify analytical jurisprudence as an independent direction of research; (2) the exclusion of legal positivism from the identifying characteristics of analytical jurisprudence causes the risk of absorption of analytical jurisprudence as a legal science by philosophical discourse.
Keywords:
Anglo-American jurisprudence, legal concepts, conceptual analysis, Herbert Lionel Adolphus Hart, John Austin, legal positivism, general jurisprudence, descriptive jurisprudence, analytical jurisprudence, stages of analytical jurisprudence
Practical law manual
Reference:
Mikryukov V.A.
The dividend policy of business entities and the analogy of law
// Law and Politics.
2024. ¹ 2.
P. 58-66.
DOI: 10.7256/2454-0706.2024.2.69909 EDN: GOMCLT URL: https://en.nbpublish.com/library_read_article.php?id=69909
Abstract:
Author discovers uncertainty that generates ambiguous administrative and judicial law enforcement on the issue related to the limits of business entity freedom in the creation and implementation of dividend policy. Importance of such insufficiently clearly regulated by corporate legislation aspects of the dividend policy as the scope of corporation's powers and limitations in determining frequency of making decisions on dividend payments and timing of the actual distribution of profits among the corporation's participants is shown. Special relevance of the doctrinal study and regulatory clarification of the relevant legal parameters of the dividend policy of domestic corporations is associated by the author with the need to overcome the negative consequences of the sanctions impact of unfriendly foreign states. The presented author's approach is aimed at ensuring greater variability of corporate and legal interaction and increasing the efficiency of business entities. Special technical and legal tools were used in the study, including the method of analogy, as well as civilistic means of analysis and synthesis, comparison and generalization. The idea of the possibility and practicability of flexible negotiation of this uncertainty based on the normative construction of the analogy of law, on the basis of the general principles and meaning of civil legislation, as well as through the analogical use of explanations on understanding of the imperativeness and optionality of legal norms contained in the Resolution of the Russian Federation Supreme Arbitration Court Plenum dated March 14, 2014 No. 16 «On freedom of contract and its limits» is argued. As a result, conceptual admissibility of «nonmonotonic» dividend accruals, not linked to calendar quarters has been proved, as well as the possibility of large delays in the actual payment of declared dividends in comparison with the periods pre-established by norms. Main conditions for the implementation of such a measure of freedom in determining dividend policy are identified, namely its focus on achieving a balance of corporate interests and availability of an actually generated net profit for a business entity.
Keywords:
net profit, nonmonotonic dividends, The analogy of law, legal uncertainty, dispositivity and imperativeness, freedom of contract, distribution of corporate profits, business entity, dividend policy, balance of interests
Authority and management
Reference:
Osipov M.Y.
On the Issue of the Legal Expediency of "Automatic Sanctions" in the Russian Legal System
// Law and Politics.
2024. ¹ 2.
P. 67-79.
DOI: 10.7256/2454-0706.2024.2.69908.2 EDN: HAZVNC URL: https://en.nbpublish.com/library_read_article.php?id=69908
Abstract:
The subject of the study is a critical analysis of the “theory of automatic sanctions,” which is based on the patterns of formulation and functioning of sanctions developed in the general theory of law. The study aims to determine, based on the analysis of, the patterns of formulation and functioning of sanctions as an element of the rule of law in the Russian legal system by analyzing the signs of automatic sanctions set out in these works. Also, the subject of the study is the patterns of application of sanctions in the Russian legal system, knowledge of which will allow us to draw conclusions about the advisability of the existence of “automatic sanctions” in the Russian legal system. The research methods are analysis, synthesis, induction, deduction, abstraction, generalization, modeling formal legal approach, and a variety of these methods as legal analysis. Analysis of the nature of “sanctions” shows that they are aimed primarily at protecting the existing legal order by bringing the person who violated the disposition of the legal norm to legal liability and by applying other protective measures to restore the violated legal order. The effective application of sanctions involves establishing the following circumstances: who committed this unlawful act, whether the person is guilty of committing an offense, if sanctions provide responsibility for its commission; what measures of protection can be applied in this case to a person who has violated the legal order set out in the disposition of the legal norm, whether in this case there are circumstances excluding the wrongfulness of the act, or other circumstances excluding the application of these sanctions. All this requires implementing a law enforcement process, which makes the existence of such a phenomenon as automatic sanctions inappropriate.
Keywords:
legal science, the Russian legal system, legal analysis, legal feasibility, law enforcement process, protective measures, elements of legal norms, legal liability, legal norms, automatic sanctions
State institutions and legal systems
Reference:
Fedyanin Y.M.
Public legal means of protecting national interests in the field of foreign investment: the modern experience of Russia and the Republic of Belarus.
// Law and Politics.
2024. ¹ 2.
P. 80-92.
DOI: 10.7256/2454-0706.2024.2.68678 EDN: UTXMRA URL: https://en.nbpublish.com/library_read_article.php?id=68678
Abstract:
The subject of the research in this article is the experience of Russia and the Union State of the Republic of Belarus in protecting national interests in the field of foreign investment in terms of the use of public legal means of state regulation. The object of the study is regulatory documents, recommendations and other documents regulating the protection of national interests in the implementation of foreign investments in Russia and in the Republic of Belarus, existing national strategies and regulatory approaches. In the course of the study, the author used the method of system analysis, priority was given to special legal methods of cognition, among which methods of comparative legal analysis, theoretical and legal modeling should be highlighted. The author considers ways to overcome the sanctions pressure from unfriendly states, compares the legal restrictions imposed by the Union states and identifies their differences. The article provides a comparative analysis of the current approaches of the Republic of Belarus and Russia on the issues of ensuring the security of foreign investment, taking into account the transformation of the economies of states based primarily on domestic sources of investment financing.The author comes to the conclusion that the means of protecting public interests in the Republic of Belarus have proved effective in practice and can be recommended for use also in the Russian legal field. At the same time, the Russian financial market continues to adhere to the principle of openness and accessibility to foreign investors, but at present these principles are implemented only to the extent that does not contradict the maintenance of national financial sovereignty and are focused on friendly jurisdictions. And the creation of incentive measures to attract them is a new task in the development of legislation both in Russia and in the Republic of Belarus.
Keywords:
attraction of foreign investments, ensuring the security of investments, public-law remedies, development strategy, attraction of domestic investments, restrictive measures in Belarus, restrictive measures in Russia, unfriendly jurisdictions, Foreign investments, protection of national interests