This article is part of the project ‘A Sociology of the Transnational Constitution’, carried out at the University of Manchester under the supervision of Professor Christopher Thornhill. The article describes characteristics of the material constitution in Russia as a unique model of legal accountability of public authorities in the context of secondary constitutionalization. Throughout examination of the four main manifestations of the process of secondary constitutionalization in Russia, the paper argues that because this process is driven by legal actors, the Russian political system is evolving in a rather asymmetrical manner. Thus, despite the relatively low level of political accountability of public authorities, the Russian political system is marked by a rather progressive form of legal accountability. The process of secondary constitutionalization is characterized by strong authority of international law, large-scale judicial control over the actions and decisions of public authorities, high level of litigation and transformation of the language of litigation and legal reasoning due to openness of the legal system to international law.
This article is part of the project ‘A Sociology of the Transnational Constitution’, carried out at the University of Manchester under the supervision of Professor Christopher Thornhill. This project is a comparative study of the legislation, case law, social phenomena with an aim to determine the effect of international law in the ongoing process of constitution-building in various countries and, particularly, in Russia. Extensive empirical data collected during the course of the project, leads to formulation of the following three main hypotheses that are discussed in the paper. First, legal accountability of the state to the citizens in Russia is asymmetrically high in comparison with political accountability. Second, there is a clear understanding in Russia that the successful state building depends on the efficiency of the judiciary; to a certain extent the judiciary becomes the subject, or the main driver of constitutional reforms rather than being their object. Third, targeted and strategic use of international law plays a key role in all elements of the process of secondary constitutionalisation, that is, not only in implementation of the constitutional guarantee of human rights protection, but also in construction of the necessary institutions.
Aimed at raising the effectiveness of the judicial system and budget expenditure, this article views it through the Queue Theory, which allows solving a non-trivial task of determining the system’s type and key parameters.
The Russian judicial system is a complex network of queuing systems with a discretionary number of service centers (judges), each being a queuing system itself. It simultaneously includes multi-channel and single-channel queuing systems, is stochastic, non-linear and open. The demand flow is heterogeneous, without consequences or losses and has different priority classes (absolute or relative priority). It may be described as stochastic with an uneven intensity and dynamic prioritization.
This article defines three parameters of the conceptual judiciary model: structural, stress and functional. It also points to the problems of the judicial system viewed as a mathematical model, which must be addressed by the rational disciplines of buffering and service.
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/