Депутатские риски (некоторые вопросы современной трансформации статуса депутата парламента)
The article is devoted to the problem of contemporary transformation of status of deputy of parliament. The author analyses the grounds and procedures of bringing of the deputy to constitutional-law responsibility in the context of foreign experience of application of analogous procedures of deprivation of deputy's mandate.
Legislators are entrusted with key parliamentary functions and are important figures in the decision-making process. Their behaviour as political elites is as much responsible for the failures and successes of the new democracies as their institutional designs and constitutional reforms.
This book provides a comparative examination of representative elites and their role in democratic development in post-communist Central and Eastern Europe (CEE). It argues that as the drivers of the transformation process in CEE, individual and collective parliamentary actors matter. The authors provide an in-depth analysis of representatives from eleven national parliaments and explore country-specific features of recruitment and representation. They draw on an integrated dataset of parliamentary elites for individual, party family, and parliamentary variables over the 20 years following the collapse of Communism and develop a common framework for the analysis of variations in democratisation and political professionalisation between parliaments and political parties/party families across CEE.
This unique volume will be of interest to students and scholars of comparative politics, elite research, post-communist politics, democratisation, legislative studies, and parliamentary representation.
Traditionally, the common law countries are famous as countries of precedent law. At present times they are distin- guished by increasing share (proportion) of legal acts (statutes). This phenomenon makes more actual the issue of efficiency of law-making process. There is noted in the article that in international legal doctrine exists now such direction (school), as legistics, which explores elaboration of theory of law-making and of criteria of its efficiency. Author looks at specifics of law- making process in states belonging to legal family of common law. Despite this belonging these states are differed in its forms of rule. That condition permits author to clear general and special characteristics of law-making, ways and means of interac- tion of executive and legislative in parliamentary monarchy and presidential republic. Author emphasizes big measure of centralization of process mentioned in United Kingdom and other countries of Westminster model. It distinguishes lobbyism in these countries from lobby activities in US .In particular, author studies correlation of legislative process stages, influence of party discipline upon voting of deputies. Parliamentary supremacy is a root of significant role of legislative in law-making. In US model role of Congress was rather modest one. In the same time practice demonstrates both models currently are under change. Principle of strictly divided powers in US model leads to increasing role of Congress.
And role of Parliament is reducing in the countries of Westminster model of parliamentary supremacy. Author imple- ments various methodological methods in the article. Combining normative and sociological approach gives opportunity to analyze law-making process as a whole, to discover correlation of legally established social model and its social content, to check efficiency of such model in regulation of social interests connected with bill.
The educational-methodical manual contains materials for lectures and 200 assignments on constitutional and legal regulation and functioning in modern conditions of the institution of the people's representation - the parliament, the Federal Assembly of the Russian Federation, can be used in teaching such disciplines as: theory of state and law; constitutional (state) law; constitutional law of the Russian Federation; constitutional law of foreign countries; international public law; administrative law; municipal law, and also includes materials for a special lecture course “Constitutional and legal status of legislative bodies. Modern parliamentarism. Federal Assembly of the Russian Federation. ” Tasks and questions to them are compiled on the materials of the Russian press. Addressed to undergraduate students, undergraduate students, undergraduates, teachers, practical workers, as well as all those who are interested in the issues of the institute of national representation, the activities of the parliaments of the world countries, the Federal Assembly of the Russian Federation, including in the context of inter-parliamentary cooperation, parliamentary diplomacy.
The article deals with three constitutional projects of Francisco de Miranda, distinguished Venezuelan. It is devoted to analyzes of the characteristics of the project of 1798, based on the experience of British constitutional law and public law of Ancient Rome. Special attention is focused on provisions of the projects of 1801 and 1808: on temporary public power during the war of colonies for independence from Spain and on federal government after the liberation. F.Miranda used for these projects a constitutional experience of many countries. One of the sources of his intellectual reflection was the constitution of Ancient Rome, the most important elements of which were people`s assembleis and magistracy. These institutes were adopted by F.Miranda and creatively impleamented according to specific conditions of Ibero-America.
The author describe the legal models of the influence of business to the authorities: with the regulation of lobbying and without it. Analyzes the risks that accompany the regulation of lobbying in foreign countries: shadow sector, the impact of foreign States, promotion of the interests of large corporations, poor quality of the attached institutions. The author meditate about the possibility of regulation of lobbyism in Russia.
Issues of modern constitutional law of Russia revealed in the fourth edition to incorporate the latest provisions of the science and recent changes to the Russian Constitution and Federal legislation. The authors present the basic theory, basic concepts, institutions of constitutional law of Russia. The textbook is easy to read and clear thanks to the original method of selection of examples of judicial practice, perspectives, foreign experience in the form of separate headings. The user can differentiated approach to the volume of the studied material. The textbook meets the current requirements of the Federal educational standard of higher education and is designed for use in teaching such subjects as constitutional law. The edition is addressed to students, postgraduates and teachers of law universities and faculties, and may be of interest to political scientists, economists, specialists in the sphere of state and municipal management
In the article are : the social bases of power as a nation, the nation, the elite, the elemental forces of the political market. It is noted that the idealistic view on social grounds authorities do not correspond to modern realities. Long enough described expenses provisions on the management Board of the nation. It is proposed to consider the rationalist approach in the determination of the constitutions of the social bases of power. The examples of the constitutions of a number of foreign States, in which the provisions of popular sovereignty is not understood completely. Russia proposes changing approaches to understanding the essence of popular sovereignty and representative government.
The paper examines the structure, governance, and balance sheets of state-controlled banks in Russia, which accounted for over 55 percent of the total assets in the country's banking system in early 2012. The author offers a credible estimate of the size of the country's state banking sector by including banks that are indirectly owned by public organizations. Contrary to some predictions based on the theoretical literature on economic transition, he explains the relatively high profitability and efficiency of Russian state-controlled banks by pointing to their competitive position in such functions as acquisition and disposal of assets on behalf of the government. Also suggested in the paper is a different way of looking at market concentration in Russia (by consolidating the market shares of core state-controlled banks), which produces a picture of a more concentrated market than officially reported. Lastly, one of the author's interesting conclusions is that China provides a better benchmark than the formerly centrally planned economies of Central and Eastern Europe by which to assess the viability of state ownership of banks in Russia and to evaluate the country's banking sector.
The paper examines the principles for the supervision of financial conglomerates proposed by BCBS in the consultative document published in December 2011. Moreover, the article proposes a number of suggestions worked out by the authors within the HSE research team.