On the Rule of Law in the Context of Russian Foreign Policy
The article is an attempt to analyze the Russian school of law features and history of development over the last century, characterized by the priority of the positivist theory of law over natural law approach. In particular, the author examines the differences in interpretation of such concepts as "rule of law", "rule by law" and "Law-Bound State” by Russian and foreign lawyers and concludes that these concepts are mixed and misunderstood. Based on the interpretation differences, the author concludes that there is significant difference in mentality not only between Russian and foreign lawyers, but also between lawyers in Russia: law enforcers on the one hand and human rights activists, advocates and some of independent scientists – on the other – and, consequently, specific criteria for the specialist selection in competent state bodies exists.
As an example of the interpretation differences, the author analyzes in detail the decision of the Russian Federation Constitutional Court dated March 19, 2014 on the constitutionality of Treaty between the Russian Federation and the Republic of Crimea on the admission of the Republic of Crimea into the Russian Federation and the establishment of new subjects within the last. The author revealed at least eight violations of its own procedures and controversial law interpretations committed by the Constitutional Court.
This volume examines the complex international system of the twenty first century from a variety of perspectives. Proceeding from critical theoretical perspectives and incorporating case studies, the chapters focus on broad trends as well as micro-realities of a Post-Westphalian international system. The process of transformation and change of the international system has been an ongoing cumulative process. Many forces including conflict, technological innovation, and communication have contributed to the creation of a transnational world with political, economic, and social implications for all societies. Transnationalism functions both as an integrative factor and one which exposes the existing and the newly emerging divisions between societies and cultures and between nations and states. The chapters in this volume demonstrate that re-thinking fundamental assumptions as well as theoretical and methodological premises is central to understanding the dynamics of interdependence.
> Georgia. Georgia's $16 bln economy saw strong annual growth in 2010-12 of around 6-7%, but in 2013 growth slowed to 3.2%, which is still good but not enough for an economy with a GDP per capita of around $3,600. Indeed, over the year, Georgia - which depends heavily on capital inflows - failed to utilize its competitive advantage of lower unit labor costs than in other countries in the region, such as Turkey and Bulgaria. > Turkey. The Turkish economy performed well in 1H14 as industrial output rose 3.8% y-o-y (down from 5.3% y-o-y in 5m14). GDP climbed 4.3% y-o-y in 1Q14, and we estimate 2Q14 to show GDP growth just below 4.0%. We expect 3.7% for 2014 as a whole, which is a bit stronger than we expected early in the year. > Bulgaria. Similar to some other smaller economies in the region, Bulgaria benefited from a recovery in the Eurozone that was characterized by ECB President Mario Draghi on August 7 as "moderate and uneven." Bulgarian GDP picked up to around 1.4% y-o-y in 1H14 (1.2% in 1Q14 and 1.6% in 2Q14). Given that Bulgaria's currency is pegged to the euro, the country was unable to extract benefits from this recovery to the same extent as some other countries, such as Turkey, Hungary or Romania, whose monetary policy and exchange rates are more independent. In 2H14, Bulgaria will face additional pressure from potentially slower growth in the EU as policy makers in the West and Russia continue experiments with sanctions.
Report of the retired Judge of the Constitutional Court of the Russian Federation, Adviser of the Constitutional Court of the Russian Federation, Professor T. G. Morshchakova at the Second Senate Conference is dedicated to the issue of the supremacy of law and independence of the judicial power. October 12, 2009.
The chapter of the book systematically examine various effects of resource curse in such arenas as rule of law and property rights in Russia in comparison with the other oil-and-gas exporting countries beginning from the XXI century.
The article considers the principles of the legal state and rule of law, the position of the regulatory impact on the Russian economic system
The article continues the series of analytical reviews, adopted during the sessions of the European Commission for Democracy through Law. The authors analyze adopted on the 113-th Plenary session Opinion CDL-(2017)036 regarding to Poland, prepared in light of an extensive judicial reform. Consideration and adoption of the Opinion had debatable character due to a wide range of controversial points of the reform. So the Venice Commission came to firm conclusion that the National Council of the Judiciary – the highest body of judicial community – was politicized. The formation procedure of this body, in particular, promotes politization as it includes excessive participation of the Parliament. The Polish lawmakers are going to create in the structure of the Supreme Court two new chambers – Extraordinary and Disciplinary. Legal provisions on these chambers provoked criticism by the Venice Commission because of obviously incompliance of the status of the chambers with international standards and the theory of procedural law. Finally, the Venice Commission examined in detail the Polish bills to ensure the independence of judges and came to the disappointing conclusion about gross breach of this principle. On independence, in particular, adversely affected excessive powers of the presidents of the courts regarding to judges. At the same time the presidents of the courts are in a vulnerable position too, Polish bills view them as a kind of officials, supervised by the Ministry of Justice. Considerable attention in article is paid to finding parallels with the Russian legislation on judicial system and status of judges. The authors came to the conclusion that a number of problems for Poland and Russia is similar.
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/