От личного к публичному: судебная практика под влиянием активности заявителей
The article explores how the concept of “subjective-public right”, reformulated by G. Ellinek and other distinguished scholars at the end of the 19th century, is reflected in the latest Moscow district courts’ practice, especially in the cases based on the chapter 25 “Proceedings in cases on challenging of decisions made, actions (inaction) fulfilled by state authorities” of the Civil Procedural Code of the Russian Federation. The courts are now changing under the influence of citizens being aware of their subjective-public rights and insisting the court to protect them. Author critically assesses the popular principle of the uniformity of judicial practice and alternatively proposes the doctrine of territoriality as well as “vernacular” analysis of judicial acts.
This article is about the problems arising at the decision of a question on a recognition of socially dangerous act insignificant, are considered and ways of their decision with a view of protection of interests of the victim are offered.
The articles included in the collection allow us to comprehensively assess the achievements of the reform of the judicial system, its current state, the problems of reforming civil and arbitration procedural legislation, criminal law and procedural problems of protecting private and public interests, as well as proposals for improving the judicial system and judicial proceedings from historical and theoretical, socio-humanitarian, communicative, educational, sectoral and other aspects.
The paper studies the tendencies in police and judicial response to crime in the context of the new Russian capitalism. The results show that the police evade the objective analysis of crime, evaluating only its current situation (within a year) and resorting to misrepresentation of statistical data to insinuate that they are more effective in solving cases than they are. Judicial practice, in turn, vividly demonstrates the selective (class) approach to prosecuting “blue-collar” criminals, on the one hand, and “white-collar” criminals, on the other. Based on the findings this research provides a scientific toolkit to research the mechanism of judicial response to crime.
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/