This article addresses several aspects of interaction between procedural and conflict rule regulation in private international law both of which are subject to unification process under the European Community law. They are interdependent of each other, and use the same or similar terms on many occasions. Problems with interpretation arise in application of these legal regulations. The European Court of Justice addresses them more or less successfully. As demonstrated in this article, the interpretation of procedural rules of regulation may contribute (...) to the clarification of the conflict rules and vice versa. It can be even said that the mutual interaction of conflict rules and procedural rules through interpretation is both unavoidable and desirable. (shrink)

Regulation No 17: First Regulation implementing Articles 85 and 86 of the Treaty set out that in carrying out the duties assigned to it by Article 89 and by provisions adopted under Article 87 of the Treaty, the officials authorized by the EU Commission were empowered inter alia to enter any premises, land and means of transport of undertakings. Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 (...) and 82 of the Treaty has expanded Commission’s powers stating that Commission can by decision order an inspection to be conducted in any other premises, land and means of transport, including the homes of directors, managers and other members of staff of the undertakings and associations of undertakings concerned. Such an expansion of the investigative powers of the Commission raises a question of the balance between effectiveness of the EU competition law and a person’s right to privacy, which is guaranteed to everyone by the Article 8 of the European Convention on Human Rights. Nevertheless this right is not absolute and the conditions for the possible limitations of the exercise of it are enshrined in paragraph 2 of the same article. For this reason the aim of this article is to find out whether Commission’s power to carry out searches in private homes meet the requirements set in Article 8(2) of the Convention, i.e., whether the Commission’s power to conduct such searches could be justified under the ECHR Article 8(2). In this study, the authors analyse the Commission’s extended investigative powers, clarify what is covered by the concept of “privacy”, evaluate the requirements set in Article 8(2) of the Convention, analyse conditions of exercising Commission’s extended investigative power and thus qualify if the latter satisfies the requirements set in Article 8(2) of the ECHR. (shrink)

There is often said to be something peculiar about the history of modal theory up until the turn of the fourteenth century, when John Duns Scotus decisively reframed the issues. I wish to argue that this impression of dramatic discontinuity is almost entirely a misimpression. Premodern philosophers prescind from the wide-open modal space of all possible worlds because they seek to adapt their modal discourse to the explanatory and linguistic demands of their context.

t. 1.Novoe mirovozzrenie i novai͡a teorii͡a nauki -- t. 2. [without special title].

Коллективный труд "Методология науки и антропология" подготовлен в Центре методологии и этики науки ИФ РАН. Он состоит из двух разделов. В первом разделе "Методология науки и антропологический поворот в философии".

-- v. 2. Pami︠a︡ti Vitalii︠a︡ Ivanovicha Svint︠s︡ova.

Questions revolving around the possibility and justifiability of reductive analyses of the concept 'not', lie at the heart of many of the problems in the philosophical interpretation of not-descriptions. In this thesis, I wish to show, by discussing various problems in the logic of not-descriptions, that, and why, reductive analyses must be unsatisfactory. Chapter 1, p. 1.