Bank Secrecy: a Look an Modern Trends from Theoretical Standpoint
Bank secrecy has long been recognized as one of the fundamental legal constructions in banker-customerrelationships. Recent developments in legal regulation of it show that bank secrecy is subject to more andmore limitations, i.e. more and more authorized bodies may have access to the relevant information and,moreover, in some cases the banks are obliged to inform the authorities about clients’ transactions evenwithout any request. Many scholars consider these developments as a limitation of bank secrecy whicheventually may lead to its “death”. The author argues that such an assessment is based on a one-sided approachto bank secrecy as a fundamental right of the bank’s client. As a general rule, bank secrecy of thisnature is understood to be one of the components of an individual’s right to privacy, or — in the case of alegal entity — as one of the fundamentals of the legal status of a legal entity. Although such an approach isacceptable within a positivistic view on the legal theory, the author argues that a broader view on the matteris justified when the legal nature of bank secrecy is understood as a legal construction aimed at finding anoptimal balance between private and public interests involved in the confidential sphere of banker-customerrelationships. As a result the latest developments may be seen as attempts to find a new balance, thebalance between private and public law aspects of bank secrecy which will be more adequate taking intoconsideration the realities of the contemporary banking and financial environment.
Article contains analysis of the decisions of the European Court of Human Rights on freedom of expression, in which the Court had to balance public interest against the protection of commercial structures from unfair competition or injury to their business reputation.
This article is dedicated to analysis and estimations of a place of the subjective public rights in the mechanism of maintenance of a mode of legality. Article contains the author's vision and understanding of legality, the actual problems connected with its maintenance.
There are significant variations in how healthcare systems and health professionals are regulated globally. One feature that they increasingly have in common is an emphasis on the value of including members of the public in quality assurance processes. While many argue that this will help better serve the public interest, others question how far the changing regulatory reform agenda is still dominated by medical interests.
Bringing together leading academics worldwide, this collection compares and critically examines the ways in which different countries are regulating healthcare in general, and health professions in particular, in the interest of users and the wider public. It is the first book in the Sociology of Health Professions series.
Researchers of civil control are interested in public interest as legal category. Civil control is an observation, verification and appreciation in accordance with public interests by government. Civil control is exercised for the purpose defense and protection of the public interests.
The article contains the critical examination of Grinberg-Rubinfeld’s concept of economic sociodynamics (CES) and patronized goods from the position of liberal doctrines of the Austrian school. It reveals von Mises theory of history, where ideas occupy the central place and interests are pro-derivatives from them. It is shown that the notion of "public interest" is a dominant public opinion, which, of course, cannot exist as something separate from the individuals. Thus the holism inherent in CES is rejected. Public interest is not necessary represents something positive and ensuring progress. The public interest may be aimed against it. And outside public opinion it simply does not exist. Patronized goods with the exception of pure public goods become so not because they have need in the state, but because the state and interest groups need to take care of them. The state constrains free entrepreneurship, which only could provide efficient delivery of the most of the patronized goods. And the state is ineffective supplier of these goods. In general social liberalism from the perspective of the Austrian economic theory is presented as a new wave of statism
The purpose of the article is to identify the specifics of political leadership from the standpoint of morality and the dominant model of the political system in the developed countries of the world. Leadership is a necessary element of the management system of any organized human activity. The leader is the head of the team aimed at fulfilling the common goal. If the goal is directly related to the interests of society as a whole then such a leader is a political leader. Political leadership becomes possible only if a person expresses the interests of certain groups (segments) of society. But since there is no unity of interests in the society, the leader has a risk of political leadership.
Leaders often succeed each other in the course of an acute political struggle due to the organization of the country's political system. Therefore, no continuity of their political goals is usually possible. The only exception is the political organization of the society in which the leader has the opportunity to remain in office for a period of 10-20 years. The realization of really meaningful social goals is possible only at such terms measured by the life expectancy of generations of people.
Short-term performance of the political leader is a political reason for the fact that society develops spontaneously, randomly. Only the long-term functioning of the leader or the continuity of the political goals of successive leaders is the political basis for such social development when society itself manages its development.
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/