Законодательная инициатива в актах делопроизводства органов верховного управления Российской империи первой половины XIX века
Due to the intensification of public interest to legislative initiatives pending decisions of members of the 6th Convocation of the State Duma some aspects of passage of a bill through parliament including process of preparation of documents within legislative package become rather interesting either for professional jurists or usual citizens. Currently Russian law-making is regulated by the provisions of the statutory and subordinate legislation and frequently becomes subject to scientific research. At the same time its execution and documentary support are the results of the gradual evolution of the administrative relations within the supreme government bodies in the Russian Empire of the nineteenth century. A detailed analysis of the practice of legal implementation of legislative and administrative initiatives in the supreme authorities’ collective bodies of the Russian Empire is represented. Administration acts used for fixing primary proposals on improvement of legislation and specific administrative tasks, as well as documents containing decisions taken by a public authority and warranting the regulation formation are taken into consideration. The author defines the position of the administration act in the legal practice of the absolute monarchy.
Collection contains publications of the conference members from Belarus, Uzbekistan, Serbia, Russia and other countries, of public authorities and non-commercial entities, young scientists, students and candidates for a master’s degree. It considers new theoretical and empiric materials of theoretical-cognitive, analytical, practice-oriented nature. The material could be considered in practical, research and educational activities, as well as a recommended supplementary material for independent study. Articles of the conference members are published in author’s edition.
This short analysis of the case-law of the RF CC allows distinguishing several pivotal axes around which is centred the argumentation of that Court. First, it is the constitutional order that delimits the freedoms of legal subjects with some mandatory requirements and this way makes triumph the collective over the individual. In the same vein the Court agrees to restrict the freedoms for the sake of national security that guarantees survival and development of the society. Nonetheless, collective rights are not equivalent to the collective interests (volonté générale, if to follow the terms of J.-J. Rousseau), these latter are represented not by collectives but by the State that stands both over the individuals and the collectives. The State may in its activities be guided by the underpinning social conventions, but this guidance is limited by the principle of reasonableness following which the State (in fact, its agents) can decide about the extent to which they are ready to recognise these social conventions as reasons for action. It can be interfered that in this aspect one may assert that in the reasoning of the RF CC the collective interest prevails over the individual one, and the both are subordinated to the reasonable guidance of the State.
In the article the analysis of the situation which developed in Russia at the beginning of the XX century and attempts of the imperial power to prevent the approaching catastrophe which were connected with the realization of the idea of representation of the people is given. The attitude of the last Russian emperor to the idea of formation of representation of the people is shown.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Russia provides essential information on the country's sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure.
Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance.
Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Russia will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.
The article concerns the problem of the Russian absolutist monarchy of the XVIII - the beginning of XX-th centuries in a comparative perspective. The social function of absolutism consisted in national integration, cultural unification and social transformation of traditional society by using of legal and coercive measures. The crucial problem is the changing role of the bureaucracy which could be the main protagonist of reforms or, just the opposite – its main opponent. From this point of view the author summarizes positive and negative aspects of absolutist reforms making outlook on the comparative experience of other absolutist empires of Europe and Asia.
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/