Товарищество собственников жилья – субъект безответственности?
Performance of Russian homeowners associations – non-profits established to manage common property in residential housing – is assessed using the stochastic frontier technique, which is a powerful tool of productivity analysis. Performance variations are explained by physical and social factors, prominent among them is the availability of social capital among tenants, required to resolve collective action problems and ensure accountability of managing bodies and outside contractors. Lack of civic capacity could be an obstacle to implementing community-governance solutions in residential housing, making homeowners associations dysfunctional or prone to capture by vested interests.
The order of federal antimonopoly body is traditional means of struggle against antimonopoly law infringements. Recently the higher judicial instances (the Constitutional Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation) have taken part in discussion about the legal nature of the order to transfer the illegal income). Why have these bodies paid attention to the problem concerned? How to estimate their decisions on a problem of application of this order? These questions are being discussed by the author in the present article with the use of the judiciary practice and the legal doctrine.
In the present article the author gives consideration to the issues of extraterritoriality of performance of norms of administrative responsibility for breach of anti-monopoly legislation.
Anti-monopoly legislation, ADMINISTRATIVE responsibility, Extraterritoriality, code, international, антимонопольное законодательство, Административная ответственность, экстерриториальность, кодекс, международный
The collection includes materials submitted by Russian and foreign participants I all-Russian scientific and practical conference " New milestones in the development of administrative and administrative procedure law", held on April 11, 2019 at the faculty of law National research University "Higher school of Economics". Basic scientific the problem discussed at the conference is the current state and development of administrative rights. The meeting discussed topical issues of the development of administrative law: modern processes of public administration; improvement of the basics of control and supervision and licensing activities in the Russian Federation; development of administrative and tort legislation and practical issues of its application; formation of administrative process, administrative proceedings and administrative procedural legislation. The reports and presentations reflected different views of scientists and practitioners on improvement of administrative law and process. The publication is addressed to practicing lawyers, legal scholars, graduate students, undergraduates, students of law schools and all who are interested in the stated problems.
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/