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Конференция состоится 12-13 апреля 2024 года

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For foreign participants

«Law Through the Centuries: Progress Based on Traditions  (dedicated to the 300th Anniversary of the SPbU)»

Information letter

Annex №1. Example of design of abstracts

The following sections are planned within the framework of the Сonference:

1. The Limits of Contractual Freedom: History and Trends in the Development of Doctrine and Practice

(abstracts for the section are accepted in Russian or in English)

Section moderators: 

Alexander Yurievich Zezekalo, Associate Professor of the Department of Civil Law of SPbU, PhD in judicial science; 

Anton Dmitrievich Rudokvas, Professor of the Department of Civil Law of SPbU, Acting Head of the Department of Civil Law of SPbU, the Doctor of juridical science.

Section Description: 

The principle of contractual freedom is one of the fundamental pillars of civil relations. It has undergone many changes throughout history, but has not achieved uniformity and clarity in its understanding. In Roman law, not all agreements concluded by participants in civil transactions were initially protected, but only those contractual types explicitly provided for by civil law - contracts. Others, agreements without legal protection, were referred to as pacts. Over time, certain types of pacts gained protection and became known as "vested pacts" (pacta vestita), while agreements still lacking such protection were classified as "naked pacts" (pacta nuda). However, during the reception of Roman law in medieval Europe, influenced by canon law, which considered any breach of promise sinful and deemed the conflict between positive law and Christian morality unacceptable, the approach prevailed that any agreement not contradicting positive law should be afforded legal protection. This idea is expressed by the well-known maxim pacta sunt servanda, reflecting the concept of the binding nature of any agreement entered into by the parties. As a result, in modern law, the first aspect of the principle of contractual freedom is the possibility of judicial protection for any civil contract, even if it does not correspond to any of the contractual types specifically provided for and named by the legislator, unless the legal provision explicitly excludes legal protection for that type of contract. 

The second aspect of contractual freedom is the autonomy of the parties' will in terms of their self-determination regarding entering into contractual relations or refusing to conclude a contract, choosing a preferred counterparty, and determining the content of the contract. There is still much ambiguity in this regard, because the complete discretion of contract law can often lead to the infringement of the interests of the weaker party to the contractual relationship and the violation of the public interest. Besides, the absolutization of the importance of the parties' will in the interpretation process can lead to an obvious conflict between law and justice, and in times of crisis, to the disruption of socio-economic life. On the other hand, the imperative limitation of the freedom of will of participants in transactions, both in terms of choosing counterparts in contractual relations and in terms of the arbitrariness of determining the content of the contract, can significantly reduce the incentives for conducting economic activities that are carried out in one's own interest and at one's own risk in a market economy.

Participants of this section are invited to discuss existing doctrinal and practical approaches to understanding of contractual freedom,  the history of its development and especially the limits of its validity taking into account trends in the development of contract law and the potential future reached by applying this principle in civil transactions.

2.  History and Modernity in Criminal Law: in Search for Answers to Pressing Questions

(abstracts for the section are accepted only in Russian)

Section moderators: 

Elena Vladimirovna Suslina, Associate Professor of the Department of Criminal Law of SPbU, PhD in judicial science;

Sergey Mikhailovich Olennikov, Associate Professor of the Department of Criminal Law, Head of the Department of Criminal Law of SPbU, PhD in judicial science. 

Section Description: 

There is a great need to adapt the legislation system to new realities and reforms in conditions of development of society and technology, changes in political system and social structures. With each new edition and new amendment, criminal law transforms and becomes more responsive to the needs of modern society. 

Nowadays Russia needs constant improvement of criminal legislation. Analysis and assessment of the effectiveness of innovations in criminal law are important elements of law enforcement practice. The act of law that does not work or works not as expected, requires adjustment. Therefore difficulties and problems arising in the process of applying new standards come to the fore. 

Within the framework of this section, it is proposed to pay attention to the advantages and disadvantages of innovations in criminal law, to consider trends in improving criminal legislation, the intoduction of information technology (IT), as well as other prospects for the development of criminal law of the Russian Federation in the context of the historically established system.

3. A Big Step for All Humanity    

(abstracts for the section are accepted only in English)

Section moderators: 

Ksenia Shestakova, Academic Director of the Master's Program "Public International Law" of SPbU, Associate Professor of International Law of SPbU;

Ksenia Rud, lawyer, Versus Legal, alumna of the Master's program "Public International Law".

Section Description: 

On October 4, 1957, the date of the launch of the first satellite, human history took a major change of direction and entered the space age. Upon space becoming more accessible, the exploration and utilization of space became an arena for a race between two spacefaring states. Today, more and more actors are interested in space activities: almost all states have their own satellites, and private companies are increasingly willing to develop space technologies and invest in the space sector.

The exploration and use of outer space and the development of space technologies became synonymous with progress when the first satellite was launched. However, the rapid development of space activities cast doubt on old truths, including the linearity of progress, and offered novel questions to which new researchers should search for answers. Finding the answers and adapting the legal regulation of space activities for the modern realities of their operation is the key to the uninterrupted development and preservation of space as a unique domain accessible to humankind.

The participants are invited to discuss topical issues in the exploration and use of outer space, to examine from unconventional perspectives the challenges posed by the development of artificial intelligence to the existing regulation of space law, the relationship between privacy protection and the dissemination of satellite data. The participants are also invited to discuss the regulation of the extraction of space resources, the applicability of international humanitarian law in outer space, the potential of transforming outer space as an arena of the space race into global commons, as well as to look at the legal regulation of space activities from a post-anthropocentric perspective.

Questions to be addressed by the panel include, but are not limited to: are UN-led space treaties prepared for the challenges posed by AI?; can a space actor extract resources beyond Earth orbit, provided that such extraction does not pose an environmental threat? (to Earth and its orbits); an imbalance between the globalization and proliferation of satellite data on the one hand and the privacy rights on the other; application of the Principle of Distinction under IHL in Outer Space.

4.  Sustainable Development and ESG Agenda: New Trends in Traditional Environmental Law

(abstracts for the section are accepted in Russian or in English)

Section Moderators:

Anton Vadimovich Khoroshavin, Associate Professor of Environmental Law Protection Department of SPbU, PhD in economic science;

Larisa Gennadievna Klyukanova, Associate Professor of Environmental Law Protection Department of SPbU, PhD in judicial science.

Section Description: 

As humanity has progressed, the impact on the environment has steadily increased, leading to trends aimed at rationalizing the consumption of natural resources and the external effects of human activities.

Throughout the history of formation of the Russian state, there have also been moments of regulatory development that prevented excessive use of natural resources, both in pre-revolutionary and Soviet times. Today, concepts such as sustainable development and ESG (Environmental, Social, Governance) have gained recognition, promoting ideas for reducing negative impacts on the environment. In particular, the ESG framework formulates the main goals and objectives, as well as the behavior model of entities, especially large businesses that recognize their responsibility for the future of the planet. Participants of the section are invited to explore whether these modern trends are new movements driven by current global issues or whether they represent the natural development of ideas that have long existed in human society and have evolved in environmental and land legal regulations.

5. Lawsuits for the Protection of an Indeterminate Circle of Persons: Past, Present, and Future

(abstracts for the section are accepted only in Russian)

Section Moderator:

Ivan Viktorovich Lyubin, Assistant at the Civil Procedure Department of SPbU.

Section Description:

Lawsuits for the protection of an indeterminate circle of persons have undergone significant transformations over time. Currently, several aspects of their regulation remain problematic. For example, the very existence of lawsuits for the protection of an indeterminate circle of persons raises questions about the criteria for distinguishing between the interests of a group of individuals and the interests of an indeterminate circle of persons.

The ability of authorized individuals, as provided by procedural codes, to file lawsuits for the protection of an indeterminate circle of persons may contradict the interests of citizens and conflict with their other opportunities for independent legal protection. However, this ability also has a number of advantages.

This section aims to discuss the history of the development of the institution of lawsuits for the protection of an indeterminate circle of persons, the significance, content, and outcomes of the reforms carried out, the current problems that arise in their filing and consideration, as well as the possible prospects for the development and improvement of the regulation of this institution.

6. Works of Art through Lawyer’s Eyes

(abstracts for the section are accepted only in Russian)

Section Moderators:

Vladislav Vladimirovich Arkhipov, Head of the Department of Theory and History of State and Law of SPbU, the Doctor of juridical science;

Mikhail Zinovievich Schwartz, Professor of the Department of Civil Procedure of SPbU, Acting Head of the Department of Civil Procedure of SPbU, PhD in judicial science.

Section Description:

During its existence, the Law Faculty of SPbU has graduated many specialists who later became prominent figures in the arts. Among them are N. Roerich, A. Blok, and many others. Artists and creators cannot ignore legal reality, that is why many artworks contain references to various legal institutions. Some authors create their own world with a unique legal system, while others criticize our legal reality. In this section, students are invited to discuss the most vivid reflections of legal reality in art. Works can be dedicated to specific phenomena or legal institutions which may be examined on how they are depicted in works of art – accurately or inaccurately, objectively or with bias. For example, one can consider the legal nature of the concession concluded between Hippolyte Vorobyaninov and Ostap Bender, characters from the book "The Twelve Chairs" by I. Ilf and E. Petrov; evaluate the actions committed by Georges Miloslavsky in the present and in the past; or discuss the peculiarities of a jury trial depicted in the movie "12" by N. Mikhalkov.

Additionally, participants are encouraged to demonstrate the critical eye of true lawyers and identify the most vivid or frequently encountered legal mistakes, myths or misconceptions conveyed through art, both in the past and present, and debunk them! Students can also examine specific aspects of the influence of contemporary law on art, such as discussing the legal mechanisms regulating the creation of specific intellectual property objects, tracing the evolution of norms and the need for their updates.

7. Works of Art through the Eyes of a Lawyer (SECTION FOR STUDENTS OF SECONDARY EDUCATIONAL INSTITUTIONS (SCHOOLS, LYCEUMS, GYMNASIUMS)

(abstracts for the section are accepted only in Russian)

Section Moderators:

Vladislav Vladimirovich Arkhipov, Head of the Department of Theory and History of State and Law of SPbU, the Doctor of juridical science;

Mikhail Zinovievich Schwartz, Professor of the Department of Civil Procedure of SPbU, Acting Head of the Department of Civil Procedure of SPbU, PhD in judicial science.

Section Description:

Throughout its existence, the Law Faculty of SPbU has graduated many specialists who later became prominent figures in the arts. Among them are N. Roerich, A. Blok, and many others. Artists and creators cannot ignore legal reality, so many works contain references to various legal institutions. Some authors create their own world with a unique legal system, while others criticize our legal reality. In this section, students are invited to discuss the most pressing reflections of legal reality in art. Works can be dedicated to specific phenomena or legal institutions which may be examined on how they are depicted in works of art – accurately or inaccurately, objectively or with bias. For example, one can consider the legal nature of the concession concluded between Hippolyte Vorobyaninov and Ostap Bender, characters from the book "The Twelve Chairs" by I. Ilf and E. Petrov; evaluate the actions committed by Georges Miloslavsky in the present and the past; or discuss the peculiarities of a jury trial depicted in the movie "12" by N. Mikhalkov.

Additionally, participants are encouraged to demonstrate the critical eye of true lawyers and identify the most vivid or frequently encountered legal mistakes, myths, or misconceptions conveyed through art, both in the past and present, and debunk them! Students can also examine specific aspects of the influence of contemporary law on art, such as discussing the legal mechanisms regulating the creation of specific intellectual property objects, tracing the evolution of norms and the need for their updates.

 

  

 

 

 

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