Виндикация в практике Конституционного Суда Российской Федерации и судебной статистике
This article is the first part of the vindication research. The second part will focus on the analysis of academic positions. In this first part the author proves that the Constitutional Court of the Russian Federation unreasonably found inadmissible some constitutional claims of citizens who challenged the vindication related provisions of the Civil Code of Russia. Actual practice of the court on this issue assessed as contradictory, which has both positive and negative sides. When a positive assessment of the new clarification of the Supreme Court regarding bona fide purchaser criteria, it is criticized for the lack of attention to initiation of correction of new provisions of Art 200.1 of the Civil Code of Russia of limitation period which are erroneours when applied for vindication. An analysis of judicial statistics, in spite of shortcoming of its methodology, confirms: a) high social importance of vindication disputes, b) lack of population trust to the state compensations in cases of disputes related to vindication of property from a bona fide purchaser.
In the present article, the author has made an effort to observe the period of limitation to calling to administrative liability for breach of anti-monopoly legislation. Unusually long term for the nature of administrative responsibility is being observe.
The article raises the problem of restitution in the Russian civil law. The author concludes that restitution is not an optimal instrument to regulate the consequenses of invalid transactions.
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/