Классическая модель уголовно-правовой юрисдикции: критическая оценка на примере хищения безналичных денежных средств
The article is concerned with liability for criminal deeds connected with so called quasi money instruments i.e. nominative currency documents, discount cards, loyalty cards, etc. The author defines the various types of such instruments and proposes the guidelines for incurring of criminal liability. According to such types the deeds may be regarded as fraud, theft or other types of larceny what mostly depends on free conversion of the instruments and necessity to fraud other persons with regard to benefits provided by such money instruments.
The article is devoted to some problems in case law interpretation of a deception in fraud. The author points out two types of cases where deception is extensively interpreted by courts. The first type is connected with false accusations and extortion of money; due to restricted meaning of extortion these cases are treated as a fraud. The second type is based on accusations in sale of goods on a high price. The author concludes that both types are based on an incorrect meaning of a deception and should be eliminated by amendments in criminal code.
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/