О заимствовании процессуальных институтов в современном российском праве (на примере процессуальных санкций)
Modern procedural systems are formed under the impact of the «universal model of justice’, and therefore are more or less inclined to receptions from other procedural models and harmonization. The article focuses on the institute of procedural sanctions (procedural coercion measures), in its dynamics in the Russian legislation and its relations with the global trends of procedural institutes’ development.
The article is devoted to the closed administrative-territorial entity regime (CATE) promotion. Attention is paid to its important component – admission regime. Analysis of normative acts regulating the contents and procedures of implementation of the regime and the responsibility for its violation is presented. A number of debatable topics are offered. So, in municipal instructions ensuring the special regime in each CATE such means of legal technique as concretization and supplementation have being used. For each CATE the concept of access control is defined differently. The list of restrictions (established in every CATE) the violation of which should entail the responsibility is different. Among the measures of administrative responsibility under the sanction of the Art. 20.19 and other articles of the Code of administrative offences, the instructions marked the violence measures that provided the established by the legislation responsibility for violation of the access regime in the. These violence measures may not be related to measures oа administrative, disciplinary or other form of legal responsibility allocated in the doctrine and legislation. The articles of the Code of administrative offences and the articles provided only by the municipal instructions coercive measures are combined into a single mechanism for the protection of the regime without taking into account the nature of the object and the subject of the offense. It blurs the contours of the composition of the administrative offense as the violation of the established by the legislation special regime in CATE. The conclusion is made about the need to bring clarity in the regulatory consolidation of the balance of "violation" of the prohibitions and “the punishment” for these violations.
The existence of jury trials in modern Russia is perhaps surprising for foreign observers. Sometimes seen as a withering flower in a snowy country with bears, the jury is nonetheless a real, working institution in Russia. Its legislative and practical mechanisms will be presented in this Article, which is divided into three parts: Part I will analyze the history of the Russian jury before 1917, the subsequent Soviet development of the idea of lay participation in criminal justice, and the reintroduction of the jury in 1989–2002. The current legislation, case law, and statistical data will be the subject of part II. Part III will discuss the problems and perspectives of jury trials in Russia. A short conclusion will present an assessment of the present and the 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/