Articles

The article discusses the methodological aspect of the deconstruction of basic legal phenomena on the example of public law concepts of constitutionalism and the foundations of social (constitutional) order. The authors draw attention to the fact that the rejection of the stereotypical perception of these concepts (phenomena) in the changing political situation of the “post-socialist space” will make it possible to more precisely understand their real practical significance. So, in particular, even if the political leadership denies certain values of constitutionalism, in a country where the independence of the judiciary and the human rights function of constitutional principles remain, there is the prospect of restoring the rule of law based on constitutional values.

National-state construction in the Russian Empire and the USSR (review of the materials of the VIII All-Russian Congress of Legal Historians of Russia).

The article is devoted to consideration of the problems which have resulted from unification of legal regulation of activity of companies. Questions of creation of uniform system of companies are examined, collisions of norms of corporate law come to light, ways of their elimination are offered. The author pays special attention to consideration of ways of restriction of the corporate rights which have become uniform for participants of all private companies.

The paper examines the problem of legal uncertainty and legal gaps which are considered as the cause of legal uncertainty. The judicial interpretation of the concepts “legal uncertainty” and “gaps in the law” are studied. The author analyses the ratio of the studied legal phenomena. It is proposed to eliminate legal uncertainty and to bridge gaps in the law by means of law and economics.

This article extends the cycle of works on the problem of sovereign immunity. The accent in this article is the formation of the stable judicial practice of applying absolute sovereign immunity from the end of the XIX — the first half of the XX century.

The article discusses the legal status of the germ cells donor according to the legislation of the Republic of Tajikistan. The author draws attention to the problems of such regulation and justifies the need for a legislative ban on donation of germ cells by amending the Health Code of the Republic of Tajikistan.

The article deals with the history of the Privy Council of Great Britain, legal nature of its appellate jurisdiction, role of royal prerogative and the Privy Council in the implementation of British colonial policy. Significant place is given to the legal issues of the implementation of the right of appeal from the colonies and dominions to the Privy Council.

We consider peasant’s custom as a source of law during the period of founding of Soviet State and Civil War (1917–1921). We proved that in this period central and local Soviet authorities used pre-revolutionary custom in adjudication of division of peasant’s property.

The article is devoted to the elaboration of norms on the conditions of validity of the Treaty in the drafting of The civil code of the Russian Empire in the late XIX — early XX century.

Article deals with issues concerning the relationship of general theory of state and law with the theory of Russian state and law. The author presumes that the general theory of state and law is the basis for the formation and development of the theory of the Russian state and law.