Должен ли федеральный законодатель определять основы правового статуса и деятельности регионального омбудсмена?
The necessity of setting provisions concerning regional commissioners within federal legislation is settled down with the purpose of universalizing and strengthening state guarantees which provide human rights and freedoms protection. It is being proved that even adopted in 2015 Federal law from 6 April 2015 №76-FZ “On amendments to certain legislative acts of the Russian Federation in order to improve Human Rights Commissioners’ activities” has occurred to be unequal to the task. Merits and demerits from this act and also from current relevant subjects’ legislation are noticed and also compared with each other and to the basic principles of functioning of human rights commissioners’ institutes. It is supposed to enlarge the powers with which regional commissioners are vested by granting them the right to go to courts of general jurisdiction and also to statutory courts of subjects. It should be enshrined in federal legislation and be done in order to improve the activities of regional commissioners and to strengthen guarantees of human rights protection on their territories.
The paper are devoted to analysis of institute of ombudsman (Commissioner for human rights) in Russian Federation and in subjects of Russian Federation (regions). The main stages of developments of this institute in Russia, which took place in 90th in the acute political confrontation, are demonstrated. The personal characteristics of Russian Ombudsmen from Sergey Kovalev up to Tatyana Moskalkova are submitted. The history of ombudsman institute in Russian regions was started early, that in federal level – the law about Commissioner for Human Rights in Republic Bashkortostan was adopted in 1996 – one year early, tha Federal ombudsman law. The practices of collaboration of federal and regional ombudsmen ate changed from non-formal collaboration in format of Coordination Council to the amendments in law with principle of ‘double key’. The positive and negative results of this changes are analyzed.
The book contains articles on the history and current legal state of public law institutions for the defence of human rights. Lawyers from Europe and Latin America discussed the issues of their development and legal status from the Roman tribunate to modern ombudsmen, defenders of the people and Procuratura.
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/