Contents of issue # 9/2015
Opening Remarks by Editor-in-Chief
T. Y. Khabrieva
vice-president and academician of Russian Academy of Sciences, doctor of legal sciences, professor, associate member of the International Academy of Comparative Law, director of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, 117218, Russia
E-mail: office@izak.ru
Russian Parliamentary Law in Focus of Science
S. E. Naryshkin
doctor of economics
The State Duma of the Federal Assembly of the Russian Federation
1, Okhotny Ryad st., Moscow, 103265, Russia
E-mail: office@izak.ru
DOI: 10.12737/13024
Scientific School of Public Law
Yu. A. Tikhomirov
doctor of legal sciences, professor
The Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, 117218, Russia
E-mail: office2@izak.ru
DOI: 10.12737/13027
Development of Law-Making Scientific School
N. A. Vlasenko, M. V. Zaloilo
N. A. Vlasenko, doctor of legal sciences, professor
The Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, 117218, Russia
E-mail: theory@izak.ru
M. V. Zaloilo, PhD in law
The Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, 117218, Russia
E-mail: theory3@izak.ru
DOI: 10.12737/13028
The Institute’s Constitutional and Legal School in Theory and Practice of Russian Constitutionalism
Ivan Marino
University of Naples “L’Orientale”
61/62, Chiatamone st., Naples, 80121, Italy
E-mail: office@izak.ru
DOI: 10.12737/13030
Traditions and Perspectives of the Scientific School of International Public Law
O. I. Tiunov, A. Ya. Kapustin, S. B. Bal’khaeva
O. I. Tiunov, doctor of legal sciences, professor
The Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, 117218, Russia
E-mail: mp@izak.ru
A. Ya. Kapustin, doctor of legal sciences, professor
The Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, 117218, Russia
E-mail: Kapustin@izak.ru
S. B. Bal’khaeva, PhD in law
The Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, 117218, Russia
E-mail: mp@izak.ru
DOI: 10.12737/13033
Сivil Сoncept of the International Private Law
N. I. Marysheva, T. P. Lazareva, N. V. Vlasova
N. I. Marysheva, doctor of legal sciences
The Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, 117218, Russia
E-mail: pil2@izak.ru
T. P. Lazareva, PhD in law
The Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, 117218, Russia
E-mail: pil@izak.ru
N. V. Vlasova
The Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, 117218, Russia
E-mail: natasha.vlasova@rambler.ru
DOI: 10.12737/13034
On the Beginnings of Criminological Theories in Russian Criminal Law
V. P. Kashepov
doctor of legal sciences, professor
The Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, 117218, Russia
E-mail: crim@izak.ru
DOI: 10.12737/13035
Civil School of Law
S. A. Sinitsyn
PhD in law
The Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, 117218, Russia
E-mail: synss@mail.ru
DOI: 10.12737/13037
Procedural Scientific School of Law
A. A. Gravina, E. S. Ganicheva, M. E. Glazkova
A. A. Gravina, PhD in law
The Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, 117218, Russia
E-mail: crim@izak.ru
E. S. Ganicheva, PhD in law
The Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, 117218, Russia
E-mail: civil@izak.ru
M. E. Glazkova, PhD in law
The Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, 117218, Russia
E-mail: civil@izak.ru
DOI: 10.12737/13038
Building-Up and Development of the Scientific School of Land Law
Yu. G. Zharikov
doctor of legal sciences, professor
The Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, 117218, Russia
E-mail: ecology@izak.ru
DOI: 10.12737/13039
Scientific School of Environmental Law
N. V. Kichigin
PhD in law
The Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, 117218, Russia
E-mail: ecology@izak.ru
DOI: 10.12737/13041
Remembering the Teacher (On the Occasion of the 90th Anniversary of Birth of I. S. Samoshchenko)
A. F. Nozdrachev
doctor of legal sciences, professor
The Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, 117218, Russia
E-mail: adm1@izak.ru
DOI: 10.12737/13042
S. V. Yushkov and Historical and Law School
V. I. Lafitskiy, M. V. Zaloilo
V. I. Lafitskiy, PhD in law
The Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, 117218, Russia
E-mail: lafitsky@mtu-net.ru
M. V. Zaloilo, PhD in law
The Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, 117218, Russia
E-mail: theory3@izak.ru
DOI: 10.12737/13044
The Institute's Young Scientists: Achievements and Plans
N. I. Khludeneva
PhD in law
The Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, 117218, Russia
E-mail: khludeneva@mail.ru
DOI: 10.12737/13045
Problems of the Thesis on the Only True Interpretation in the Constitutional Law Sphere (Part I)
Márcia Haydée Porto de Carvalho
doctor of law of the Pontifical Catholic University of Sao Paulo, associate professor of the University of Maranhao, researcher-professor of the University of UniCEUMA, prosecutor of justice
117, Rua do Sol, São Luís — MA — Brasil, CEP: 65.020.909
E-mail: paulorbr@uol.com.br
The thesis on the only true interpretation is present in Savigny’s classical methodology of interpretation, according to which the use of a set of methods (grammatical, logical, historical and systematic) leads to the disclosure of the value contained in the norm, despite the fact that the interpreter does not have any effect on determining its meaning and purpose. Positivists G. Kelsen and H. L. A. Hart preclude the idea of the only true interpretation. The first believes that the law is applied as a frame where there are various possible applications, despite the fact that the enforcer can set the value of the norm even outside the frame. In his turn, H. L. A. Hart understands the law as an “open texture” or a texture of a general character that at some point may be uncertain. With the advent of a welfare state, constitutions take the form of real agreements and commitments, and there appear specific methods of the Constitution interpretation — integrative, topical and concretion methods which do not offer elements for the only true interpretation, but strive to create an interpretation of certainty and predictability. P. Heberle upholds the belief that the interpretation of a constitution is both an element derived from an open society and an element that forms this very society. All these specific methods do not provide elements for the promotion of the only true interpretation, since they give more than one possible alternative to the meaning and
significance of the rules for interpretation of a Constitution.
Keywords: methodology, interpretation, constitutional law, methods of interpretation, legal certainty, the only true interpretation of a Constitution, integrative method, topical method, concretion method, philosophical hermeneutics, neo-constitutionalism.
DOI: 10.12737/13046
Local Self-Government on the Way to Centralization and Reduction of Electivity
V. I. Vasil’ev
doctor of legal sciences, professor
The Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, 117218, Russia
E-mail: const@izak.ru
In the article the author analyzes the first results of application of Federal Laws No. 136-FZ at May 27, 2014 and No. 8-FZ at February 3, 2015, aimed at reforming local self-government, and draws conclusions about tendencies in the organization of municipal authorities. The laws of subjects of the Russian Federation adopted on the basis of federal laws give preference to that model of local governments’ formation that cancels direct election of heads of municipalities and thus reduces their responsibility towards citizens. At the same time, powers of heads of subjects of the Russian Federation to influence selection of candidates for positions of municipalities’ heads are expanded. Responsibilities of these heads towards regional authorities are strengthened. Nature of relations among public bodies of different levels changes: bodies of local self-governments are built into a top-down system of the governmental power and become agents of the latter. The article provides arguments on incompatibility of such situation with the constitutional establishments, and makes suggestions on how to overcome it.
Keywords: federal law, law of a subject of the Russian Federation, bodies of local self-governments, election of municipalities’ heads, representative body of self-governing authorities, head of a subject of the Russian Federation, national authority, the Constitution of the Russian Federation.
DOI: 10.12737/13047
