Article
Экстраординарные полномочия Президента РФ
Author analyzes the legal nature of forming of the extraordinary powers of Russian president. The key theoretical concepts is described in this article. Author sets great store by Constitutional Court practice that designs the extraordinary powers institute.
The second part of the article provides the system synthetic classification of presidential powers. The specification is based on explication of presidential status essence, sources of law, value-based and functional mission of powers, legal meaning and activity process of the President. There are two groups: ordinary and extraordinary powers, above all. The further split relates to constitutional and extra-textual powers and their spices. There are precedent, legal, statute, inherent and implicit extra-textual powers here. Also, the incident and political powers are determined among ordinary powers and non-public ones for extraordinary powers. Finally, the author argued the need of radical minimization of extra-textual powers and defines main directions of its realization. The legal and political bottlenecks prevented to bring presidential powers into compliance with the functionality assigned as constitutional are marked by the author.
The Russian Constitution reflects universally recognised consensus in the area of promoting the principle of equality and non-discrimination, enshrining main guarantees of equality of citizens regardless of their national and ethnic origins, gender, age, social and other status and other criteria. The Constitutional Court's case-law develops and clarifies these basic provisions enriching them by criteria of admissible differentiation of legal status. Preferences given to some vulnerable groups of people im comparison with the general group may raise the issue of positive discrimination the origins and types of which are expounded in the report. The analysis is given of main situations where the Russian Constitutional Court faced that issue and the evolution of its cas-law on the matter, especially in the light of the European Court of Human Rights' approaches.
Essence of a super-presidential republics of Latin-American countries is described in this article. It is reliance on army to achieve political ends that identifies the peculiarities of President power, here. Author analyzes the constitutional legal regulation features of President authority in different branches and fields of power and governance (greater concentration of power, extraordinary powers, military as a subject of governance, coercive violence, party system backwardness). The «succession» legal treatment is given in the article - shift of power from actual president and his immediate circle to his (their) protégé.
The paper examines the structure, governance, and balance sheets of state-controlled banks in Russia, which accounted for over 55 percent of the total assets in the country's banking system in early 2012. The author offers a credible estimate of the size of the country's state banking sector by including banks that are indirectly owned by public organizations. Contrary to some predictions based on the theoretical literature on economic transition, he explains the relatively high profitability and efficiency of Russian state-controlled banks by pointing to their competitive position in such functions as acquisition and disposal of assets on behalf of the government. Also suggested in the paper is a different way of looking at market concentration in Russia (by consolidating the market shares of core state-controlled banks), which produces a picture of a more concentrated market than officially reported. Lastly, one of the author's interesting conclusions is that China provides a better benchmark than the formerly centrally planned economies of Central and Eastern Europe by which to assess the viability of state ownership of banks in Russia and to evaluate the country's banking sector.
The paper examines the principles for the supervision of financial conglomerates proposed by BCBS in the consultative document published in December 2011. Moreover, the article proposes a number of suggestions worked out by the authors within the HSE research team.
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/