Zur Frage über die Unabhängigkeit der Rechtsprechung im gegenwärtigen Russland
The article includes three special topics: the rules of the appointments of judges as a factor of their dependence; interaction between the courts and the administration in the context of weakness of a judicial power; co-called reform of a High Courts and the destiny of the Constitution. Some of the main conclusions of the article: 1) the President have got the power to appoint all federal judges and all chairmen of the Courts and their deputies. Meanwhile chairmen of the Courts and their deputies have got the serious administrative power. As a result of these changes the Courts turn into the hierarchical structures connected with the executive power. 2) These amendments reduced the possibilities of the creation of rule of law in Russia. The article studies some decisions of the Moscow regional Court as examples of these trend in the development of the judicial power. Оn the regional level these trend actually means the absolute loyalty of Courts to the regional executive power.
Article investigates some aspects of the liquidation of the Supreme Court of Arbitration of the Russian Federation.
The article is devoted to the significance of the Constitution of Cadiz for bilateral relationship between Spain and Russia at the beginning of the XIX century and its intellectual importance for Russian society.
It shows that after two years of secret contacts between R.Koshelev, the representative of the Russian Emperor, on one hand, and A.Colombi, substituted later by F.Cea Bermúdez, on the other hand (both nominated by the national power as representatives of Spain, appointed to negotiate on military and political alliance), and after the begging of the invasion of the Napoleonic troops in the territory of Russia in June, 1812 developed to be official contacts.The negotiations culminated in the celebration of Russian-Spanish treaty, which was signed on July, 20, 1812 in Velikii Luki by F.Cea Bermúdez and N. Rumiántsev. Article 3 of the treaty stated that the Russian tsar Alexander I recognized the Constitution of 1812, so in that he was the first monarch in Europe. However the second promulgation of the Constitution of Cadiz in 1820 provoced admiration of the progressive part of the Russian society and hostility of the Emperor and his court.The intellectual importance of the Constitution of 1812 for the progressive part of the Russian society was outstanding. It became a symbol of the victory of the revolutionary and anti-absolutist movement for many Russians. The practical significance of the Constitution of 1812 in Russia is noted: the decembrist N.Muraviev took as models some of its provisions elaborating his constitutional projects.
The Constitution of 1812 was an object of scientific interest of Russian and Soviet historians, who emphasized its role in the political evolution of Spain in the European context. In the 30s of the XX century Soviet researchers paid particular attention to its role as the act of of the Spanish people`s protest. Both lines of the estimation of the Constitution were persued during the II part of the XXth century. First publications of Russian and Soviet authors devoted to the Constitution of 1812 demonstrated particular attention to its legal analisys in the contexst of the constitutional development of Spain and another European countries.
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.
In the era of the Great reforms of the XIX century in the Russian Empire the "Constitution's question" was in direct communication with the basic reforms for a transitional society – peasant (land) and local governments. Tthe legal model of the transformation of agrarian society in Russia, legislatively approved in 1861-1866, has delayed the adoption of the Constitution for an indefinite term and, in contrast, declined at this time the "conservatives" bills have assumed a gradual transition to a constitutional monarchy in the near future.
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/