Права человека в политико-правовом дискурсе периода Первой русской революции
The author considers the pre-revolutionary Russian academic lawyers' viewpoints on human rights and freedoms: the liberal ideas at the end of the XIXth - the beginning of the XXth century in the studies of B. N. Chicherin, S. A. Muromtsev, N. M. Korkunov, M. M. Kovalevskii and P. I. Novgorodtsev, and the freedom of assembly views of such native political scientists as V. M. Gessen, V. V. Ivanovskii, S. A. Kotlyarevskii, A. I. Elistratov and V. F. Deryuzhinskii.
Based on the works by M. N. Katkov, L. A. Tikhomirov, P. E. Kazansky, the representatives of the conservative political and legal thought in Russia at the turn of the XX century, the article provides a comprehensive overview of their ideas on personal freedom and the role of the state in its realization, balance between rights and duties regarded as elements of legal status of a person. The article challenges a common stereotype about conservative thinkers ignoring the concept of personal freedom. On the contrary, the author argues that the problem of personal freedom was regarded in relation with adjustment of the principles of the absolute supremacy with the tendencies of modernization. The liberal ideas on incompatibility of personal freedom with the state were opposed by the conservative thesis on non-antagonism of personal freedom to monarchy which is regarded as a safeguard of modernization. Still the conservative ideas on universal freedom leading to personal oppression proved to be fatidic.
The article provides an incisive account of the Russian Constitution of 1993, showing how the main constitutional principles were elaborated, adopted and transformed in Russian society over the last two decades of legal development. On the basis of a cognitive approach, the author traces the different attitudes to constitutionalism in political thought, institutional design and political practice, examining how the unstable balance between liberal democracy and authoritarianism has shifted. Quoting contemporary documents, the author makes a panoramic reconstruction of the main constitutional strategies, perspective legal amendments and proposed technologies of their implementation in the future.
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/