The Non-Scalability of the Concept of Law - a Reply to Thomas Schultz
In 2014 Professor Thomas Schultz published the book “Transnational Legality”, in which he raised a vast number of strikingly interesting issues. It is no exaggeration to say that Schultz has written a marvellous book. In this paper only one of the issues is considered: the thesis of the nonscalability of the concept of law. The paper is dedicated to a critical assessment of the thesis.
The article deals with one of the most complex issues of the theory of tax law. The author reveals the concept of "legal construction of taxes", analyses the elements thereof. The article draws attention to the analysis and delimitation of neighboring and similar concepts such as "elements of taxation" and others.
Key words: legal construction of taxes and charges, elements of taxes and charges, elementary composition of taxes and charges, dynamic elements of taxes.
In the contemporary world the ratio of national and international legal regulators is extremely significant and complex phenomena. On the one hand, globalization in the legal and economic spheres requires the development of unified rules for several states. On the other hand, national law continues to be valid and defines the fundamental principles of state and society. In this regard, the authors conducted a comprehensive, multidirectional analysis of the interaction between national and international law:
- within the framework of the concept of “legal space”;
- in the comparison with the acts of international organizations, including practice of the Eurasian Economic Union;
- in terms of the hierarchy of national regulators;
- on the example of the departmental rulemaking.
Conclusions: there is a practical necessity of increase of defi niteness of an operating regulation of ideal set, acceptance of some the conventional rules of its estimation; it is necessary to analyze more full practice positions on this point in question; monitoring of infl uence of short stories of the legislator on behavior in sphere of action of the criminal law is necessary.
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/