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.
In the 1970s there was a change in the political regime in Spain and Portugal. The result was the adoption of constitutions designed to create the legal basis for democratization that were characterized by a broad perception of the foreign experience of constitutionalism. In particular, some institutions were included in the state mechanisms, which had won recognition in states that are committed to constitutional values, but were new to Spain and Portugal. One of them is the institution of the ombudsman. The development of an ombudsman was widely discussed in professional circles. Legislators held discussions on the necessity an ombudsman in the state’s legal system, its name, and some other important issues. However, the situation with human rights, the judicial system, and defects in other human rights institutions, such as violations by executive bodies and undermining public confidence to the institutions of public authority as a result of the dictatorial regimes in Spain and Portugal, were obvious enough. Hence the prevailing of the viewpoint on the expediency of the institution of the Ombudsman as an institution designed to control the administration from the perspective of respect for human rights. Herewith, in the course of building the Ombudsman concept, a special role was assigned to representatives of science and journalism. In the process of adopting the Constitutions and, subsequently, the laws on the ombudsman, the legislators demonstrated an understanding and unwillingness to transform the institution into a political tool of any political party. The provisions regulating the status and activities of this institution in the Iberian countries of Europe allowed the Ombudsman to not be guided by political interests in the process of investigating the improper activity of executive bodies. As a result of the adoption of constitutions and laws regulating the status and activities of the Ombudsman, the institution was provided with guarantees of political neutrality: the status of ombudsmen was fixed in the law at a high level; the organizational independence of the Ombudsman from public authorities was ensured; Ombudsmen were empowering with a broad competence, including the authority to initiate amparo proceeding in Spain, and to forward the appeal to the Constitutional Court with a request to verify the constitutionality of normative acts in Spain and Portugal; ensuring the financial independence of the Ombudsman’s activities; securing the responsibility for interference in its activities; regulating the procedure for empowering and terminating the powers of the ombudsman; and, in Portugal at least, ensuring that the ombudsman also has immunity. The authors of the current constitutions of Portugal and Spain aimed not only to borrow constitutional institutions that proved to be justified in foreign countries, but also to increase their effectiveness. Therefore, ombudsmen in these countries have some powers aimed at increasing such efficiency and expressing the features of their status. The establishment of the ombudsman institution in Portugal and Spain had an impact on Latin America, where the institution of the ombudsman appeared and spread with the inherent characteristics of the Ibero-American ombudsman.
In the present article author analyses the key problems of the development of the international justice in conjunction with international law and policy. Using the European Court of Human Rights as example, he demonstrates the trend of development of international jurisdictional bodies. Upon author’s view, the balanced development of the international law as well as the vitality of the existing mechanisms of the international protection of human rights are impossible in the absence of the effective dialogue between national and supranational courts.
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/