Противодействие преступлениям ненависти: американский опыт
The article is devoted to the ‘hate crimes’ concept in the American criminal law. The discussion is concerned around the definition of the hate crimes and its development in the history of criminal legislation; statistical data are briefly analyzed. Authors describe the specific features of modelling the hate crimes in the federal criminal law and criminal legislation of states summarizing two main approaches, namely creation the specific aggravated crime or alternatively specific rules of applying punishment for hate motivated crime. The constitutional and social issues concerning the hate crimes concept are also analyzed in the article including the problem of infringement of the freedom of speech in context of criminalizing the hate motivated crimes. The authors delineate the parallels with the extremist crimes in the Russian criminal law.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/