К вопросу о конституционности некоторых положений законодательства о прокуратуре
The article analyzes changes made to the Law on the Prosecutor's Office, which came into force on March 18, 2017. They are mainly related to the establishment of deadlines and procedures for conducting prosecutor's checks on the activities of organizations. The author critically assesses the changes introduced, shows their apparent insufficiency, which is caused by theoretical problems related to the definition of the subject of prosecutor's supervision. The correlation of the prosecutor's supervision with the state control in the historical and comparative legal aspect is investigated.
The paper shows that the Russian legislation on state control and supervision over business activities does not meet such basic requirements as stability and certainty set for any law. For example, legal procedure for the conduction of prosecutorial inspection stays particularly uncertain and was not changed even after the Russian Constitutional Court had offered its recommendations. Therefore, aims of prosecutorial inspection mostly duplicate those of inspections carried out by other state bodies. The author cites a number of judicial cases and explains why prosecutorial inspections should be eventual.
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/