Возможность верховенства права в современной России
This article is devoted to the modeling of the relation to the law in legal consciousness of Russian citizens from the point of view of possibility of rule of law in modern Russia. For this purpose available empirical data is examined relevant to the modern legal consciousness of Russians and also some judicial acts are analysed. Russian “homo legalis” in an historical retrospective is considered. The result is the conclusion that the modern Russian citizens are not “legal nihilists”, as commonly believed, and “legal utilitarians”, but Russian story of this kind of relation to the law indicates the possibility of reform and the direction of their realization.
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
This article addresses reforms that took place in Kyrgyzstan within last two decades and provides a comprehensive description of changes that were enforced under the rule of Askar Akayev, the first president of independent Kyrgyzstan. The focal points of the article include specifics of transformation of the national constitutional system, achievements of the Kyrgyz judicial reform, the unique courts of aksakals that play an important role in administration of justice.
The scientific research focuses on the pressing issue of an implementation of the rule of law and justice accessibility in Russia as a legal state. The core of the research is formed by a comparative study of the issues and objectives of the 1991 Concept of Judicial Reform of Russian Federation and the results of changes in procedural and judicial system legislation during the last 25 years. A comparison is also made between the standards of public services of legal dispute resolution provided by a public legislative authority and the standards of general public services by a public agency and local self-government body and the standards of a fair trial. Comparison is made not only by the level of legal guarantees for public service customers, but also by the dynamics of Russia’s process of becoming a legal state through the implementation of its judicial reform. Procedural legislation is assessed for comprehensiveness of legal provisions of judicial procedures: the order and conditions of a public service; consistency of norms, transparency of the court activities, the provision of safeguards against judicial arbitrariness and red tape, the mechanisms of efficiency enhancement and communication with the court, the compensation for the violation of the fair trial rights in civil, commercial, administrative and criminal proceedings. The court accessibility is assessed for compliance with procedural aspects of the fair trial concept: the conditions of application for the public service, the legal recourse procedures and eligibility terms, terms and size of an official fee, the possibility of fee deferral and exemption, convenience of a public fee calculation, rules of the appeal procedure. Judicial legislation is analyzed in relationship to the principles of transparency and independence of a fair trial concept in the institutional aspect. This scientific study focuses on a transfer of judiciary public services into an electronic sphere, the interaction between the courts and the interaction between courts and the executive bodies: it identifies problems and suggests possible solutions. The work assesses an effectiveness of an implementation of the 1991 Concept of Judicial Reform of Russian Federation and the targeted Federal Programs for the Development of the Judiciary, and their compatibility with the concept of sustainable development in the judicial system. The results of this scientific research have practical value, both for Russian national system and foreign countries seeking to promote the rule of law and court accessibility in the context of the UN sustainable development concept.
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/