Branch Of Legal Science Research Articles

Scientific points of view of the MSAL professors on the subject of constitutional law

The author carries out an analysis of most debatable issue of theory of constitutional -namely, subject of constitutional as branch of legal science. Professors of Department of Constitutional Law of MSAL Y.N. Umansky, A.A. Bezuglov, A.K. Makhnenko, O.E. Kutafin, E.I. Kozlov, N.A. Mikhalev, V.I. Fadeev devoted their studies to subject of constitutional law. They mainly shared same views on content, nature and characteristics of subject of constitutional and their views now constitute basis for development of constitutional and legal science enhanced by modern scholars of Department -scientific adherents of scientific school of issues concerning subject of constitutional law. The article characterizes peculiarities of subject of constitutional that distinguish it from other branches of law. The author justifies dual nature of subject of constitutional law. Analyzing different opinions of scholars that primarily represent either narrow or broad approaches to definition of subject of constitutional law, author notes that adherents of O.E. Kutafin and E.I Kozlova scientific school distinguish foundations of constitutional system of Russian Federation, foundations of legal status of individual, central government system and local self-government system in content of subject of constitutional law. The author criticizes views of scholars who consider that enshrining foundations of social system in Constitution is a totalitarian tradition. She also criticizes opinion that constitutional is not only a «common» branch of law, but that it is also a «general part of whole Russian law» that has «a cumulative subject representing all branches of Russian law». In addition, article criticizes approach under which constitutional is considered to be an integrating, complex branch of that develops as a result of integration of related institutions and branches of as the part common for all branches of law or suprabranch. The article also addresses issue of drawing line between constitutional and other branches of law, separate institutions of which are closely connected with institutions of constitutional law. Reference is made to changes that took place in subject of constitutional at different stages of state development; article justifies statement that current content of subject of constitutional has considerably changed and expanded; author explains reasons of this phenomenon.

О ЗНАЧЕНИИ СРАВНИТЕЛЬНО-ПРАВОВЫХ ИССЛЕДОВАНИЙ В ОБЛАСТИ ЧАСТНОГО (ГРАЖДАНСКОГО) ПРАВА

The article analyses the origins of comparative civil law studies in Russia starting from the reforms of tsar Peter I. The author understands comparative civil law as a branch of legal science that makes comparative law studies applying the civil law methodology. The civil law methodology is applied by a researcher who studies legal relationship between the parties which are in equal legal position. The analysis of legal rules of various countries, regulating of alike legal relationship in different countries affords to find the best way to regulate the corresponding relationship. The purposes of comparative analysis varied in various periods of the development of Russia. The role of the Institute and the comparative law studies related to civil law are also the subject of the present article. Within the article the author pays attention to tendencies in the foreign civil law regulation such as extraterritorial application of the rules of law, or the effect of the public interest presence.

Legal technique: approaches to section on types

Legal technique is a branch of knowledge about the rules of doing legal work and creating in the process a variety of legal documents, which had previously been part of the theory of law. In modern conditions of the legal technique are isolated in a separate branch of legal science, focused on solving practical problems. The purpose of this article is to analyze the types of legal techniques, in particular, on the basis of theoretical propositions about legal technique to allocate substantial characteristics and types of legal technique. O. Malko and M. Matuzov consider legal technique as a set of rules, techniques, methods of preparation, creation, registration of legal documents, their classification and accounting for their excellence, efficient use. A similar meaning is investing in this concept Alekseev, determining that the legal technique is a set of tools and techniques used in accordance with accepted rules in the formulation and systematization of legal acts to ensure their perfection. So, legal technique – theoretical and applied legal science, which studies the regularities of rational legal practice in the creation, interpretation and implementation of law. In relation to the type of legal techniques in the literature proposed different classifications. For example, G. Muromtsev technique, which is used only in the field of law, divide on the technique of law-making (legislative technique), technique of law enforcement, interpretation, technique of judicial speech, interrogation, notarial activities. V. Kartashov shared legal technique on law making and enforcement (prorealtime), interpretive yourself and prevacidrebatezw, judicial or investigative, prosecutorial, and the like. Some authors clearly indicate that the criterion by which to distinguish types of legal techniques. So, S. Alekseev notes that legal technique is classified from the point of view of the legal nature of the act made on: a) techniques of legal acts; b) the techniques of individual legal acts. Among the tools of legal techniques particular importance play legal monitoring technique and the technique of publication of normative legal acts. Legal monitoring is the systematic, comprehensive activities aimed at the monitoring, analysis, evaluation of existing legislation and its enforcement, with the aim of improving the effectiveness of legislation and its future prediction. Technique the publication of regulations – a set of techniques and methods regulatory definition of an advertisement that is issued on behalf of the rule-making authority, addressed to General information and contains a complete and guaranteed the exact text of the adopted normative legal act. The main criterion for the classification of legal technique is the stages of legal regulation (law-making, law enforcement, realization of the right). Therefore, we can identify six types of legal techniques: law-making technique; the technique of publication of normative legal acts; the technique of systematization of legal acts; interpretation equipment; machinery of enforcing rights; enforcement technique.

The Position and Method of Legal History

The author of this article is a Japanese legal historian. In his view, it is clear that legal history is a branch of legal science: it is from the field of law. It was generated by the historical school in the 19 th century Germany. Indeed it has changed a great deal since then, but it has been a member of legal science. Historically and logically, it is obvious that legal history is a discipline which belongs to legal science.He, therefore, defines it as this: legal history is a branch of legal science and it makes a historical research/study of law.However, many legal historians in Japan-in particular Japanese legal historians-have not thought so. They have lost the conviction that legal history is a legal science. They seem to have lost their academic identity though many of them work for the faculty of law and teach the subject. In other words, they can hardly make clear the qualities of their research/study. This has some historical reasons. One is that their antecedents-ISHII Ryosuke is among them, for instance, and he has had a great influence on this field in Japan, especially on Japanese legal history-have advocated that the discipline belongs both to history and to legal science. Many legal historians have accepted this assertion with little careful examination. Their careless acceptance of the view has caused the present situation that they have lost their academic identity. So the author re-confirms that legal history is a legal science.Moreover, he makes a reference to the characteristics of legal history and continues to put forward his theoretical model which is based upon the relations of politics, law and economy and which interprets history, in particular Japanese history. He also establishes a new periodization in Japanese history according to his model. He points out this too: kinsei (_??__??_) in Japanese history should be translated into ‘the latter half of the medieval times’ in the light of three aspects-politics, law and economy-though it is often put into ‘early modern times.’In the conclusion he lays emphasis on the necessity of the innovation in legal history of Japan-whether the object of its study or research is the West or the East.

Education on environmental law

Summary The current views on whether environmental law is a subject of study at the Universities is discussed in this paper. The author traces the development of environmental law, and maintains that legal science is one, and that it has been grounded into branches for teaching and research purposes. A case for the teaching of environmental law at the universities is made. A teaching programme is suggested which brings out the relationships of environmental law with ecology, social science, economics, management science, technology and other branches of legal science. From 1969–70, he was Secretary of State for Water Resources of Argentina and in 1970, Vice-Chairman of the UN Committee on Natural Resources. Consultant on Environmental Law for FAO in 1970. He is at present 1980–82 President of the International Water Resources Association. He has been a member of the IUCN Commission on Environmental Policy, Law and Administration since 1978, is President of the Inter American Commission on Environmental Law and Administration, and Regional Governor (Latin America) of the International Council on Environmental Law. In 1978 he was awarded the Elizabeth Haub Prix on Environmental Law. He is author of several books and papers on environmental, natural resources and water laws. These include Code on Natural Resources Province of Corrientes Argentina 1980 and co-author of Code on the Renewable Natural Resources and Environmental Protection, Colombia 1974.