Why Dismiss a Good Case? Origins of the “Positive Inadmissibility” Practice and its Rationale in the Russian Constitutional Court
The Russian Constitutional Court (RCC) has over time developed a practice of adopting so-called “Positive inadmissibility decisions” (Pozitivnoe Opredelenie) which complements (but also undermines) the existent formal procedure of only delivering decisions on merits with Judgments (Postanovlenie). The paper explores the uses of this peculiar practice. I show that the Positive inadmissibility doctrine is used by the Court to overcome the rigidity of the formal procedure where this is necessary for reasons of inter- or intra-organizational expediency. To do that I construct and analyze quantitatively a unique comprehensive dataset of all decisions handed down by the RCC in 1995–2015. I show that “Positive inadmissibility decisions” are handed whenever a subpar case is deemed too important to be simply dismissed: in particular, if it is submitted by a powerful petitioner, or when the case is assigned to a longer serving member of the Court for judicial report.
The book containts articles written by European scholars about the place of socio-economic rights in the modern democracies. The introduction is written by Wiktor Osiatynski, who analyses the confusing concepts of socio-economic rights.
In the article its author is engaging in polemics with those alleging the incompatibility of a real competence of the Secretariat with its competences set up by the Law on the Constitutional Court of the Russian Federation. The article argues that the existing model of dealing with applications not only does comply with the law in force, but is also the most reasonable from the point of view either of the guarantees of the applicant’s rights and lawful interests or of the organization of work of the Court itself.
The number of conflicts in the world is increasing, as well as their intensity and fierceness. We see the trend of unfolding spiral of violence in the world and thus there is a pressing need to assess the underlying reasons of it. Challenges to a secure development of the world stem from political, economic and social issues that have long been ignored or have not been effectively dealt with by both policymakers and researchers. Likewise, both academic and policy responses to the unfolding global grievances and local ferocities are still one-sided in many cases, which causes ever more fighting and insurgence. This project aims to fill in existing lacunas in the area of understanding issues underlying the current global conflict trend, many of which have long been in the shadow of research and policy-analysis internationally. This book project sheds light on complicated and long-term issues, such as revival of authoritarianism, crucial transformation of peacekeeping concept, rising security and strategic issues of small states, as well as security challenges presented by\to new international grouping such as BRICS. An intentionally diverse scope of this project allows to bring along such issues as Islamophobia and the prospects for Christian-Muslim dialogue, the scope, essence and consequences of international sanctions to manage international disputes, as well as the issue of a failed state. The geographical scope of this project ranges from North Korea to Somalia, and from Russia to Brazil. This project aims to educate all interested in the underlying fundamental long-term reasons of current political conflicts worldwide and to provoke debate on many issues that are still considered “second priority level”, though they provide even stronger basis for the current conflict-prone situation in the world. This book project aims to satisfy the need of in-depth analysis and expertise on issues of international sanctions, revival of authoritarianism, failure of state, formation of new international organizations, changing essence of peacekeeping in conflict-prone areas and globally, new contexts for Muslim-Christian dialogue and it successes and failures, as well as lesser-known contexts of strategic choices of small states.
The authors: Francesco Giumelli, Mitchell Belfer, Hanna Shelest, Piskunova Natalia, Gracian Cimek, Yefimova Anna, Bekkin Renat, Solkin Victor, Sarah Rial, Esther Sule.
This study identifies how country differences on a key cultural dimension—egalitarianism— influence the direction of different types of international investment flows. A society's cultural orientation toward egalitarianism is manifested by intolerance for abuses of market and political power and a desire for protecting the weak and less powerful actors. We show egalitarianism to be based on exogenous factors including social fractionalization, dominant religion circa 1900, and war experience from the 19th century era of state formation. Controlling for a large set of competing explanations, we find a robust influence of egalitarianism distance on cross-national investment flows of bond and equity issuances, syndicated loans, and mergers and acquisitions. An informal cultural institution largely determined a century or more ago, egalitarianism exercises its effect on international investment via an associated set of consistent contemporary policy choices. But even after controlling for these associated policy choices, egalitarianism continues to exercise a direct effect on cross-border investment flows, likely through its direct influence on managers’ daily business conduct.
The article contains analysis of the practice of the Russian Constitutional Court on protection of socio-economic rights.
The book is devoted to the causes and special aspects of modern authoritarian political regimes, which differ from their last century analogues with a pronounced imitative character. Hamstrung by democratic constitutions and international obligations, many post-socialist countries actually mimic democratic institutions and procedures, trying to hide real authoritarianism behind a beautiful democratic signboard. It turns out that the level of authoritarianism is directly proportional to the imitations level. The study also proves that the imitations level is also proportional to the levels of aggression, corruption and poverty. What are the reasons for the rise of imitative political regimes? How and by what means is their constitutional field transformed? On what grounds can they be identified in advance? The book attempts to answer these questions in the name of preventing the threat of return of authoritarianism in the post-socialist countries.
The article deals with the processes of building the information society and security in the CIS in accordance with modern conditions. The main objective is to review existing mechanisms for the formation of a common information space in the Eurasian region, regarded as one of the essential aspects of international integration. The theoretical significance of the work is to determine the main controls of the regional information infrastructure, improved by the development of communication features in a rapid process.The practical component consists in determining the future policies of the region under consideration in building the information society. The study authors used historical-descriptive approach and factual analysis of events having to do with drawing the contours of today's global information society in the regional refraction.
The main result is the fact that the development of information and communication technologies, and network resources leads to increased threats of destabilization of the socio-political situation in view of the emergence of multiple centers that generate the ideological and psychological background. Keeping focused information policy can not be conceived without the collective participation of States in the first place, members of the group leaders of integration - Russia, Belarus and Kazakhstan. Currently, only produced a comprehensive approach to security in the information field in the Eurasian region, but the events in the world, largely thanks to modern technology, make the search for an exit strategy with a much higher speed. The article contributes to the science of international relations, engaging in interdisciplinary thinking that is associated with a transition period in the development of society. A study of current conditions in their relation to the current socio-political patterns of the authors leads to conclusions about the need for cooperation with the network centers of power in the modern information environment, the formation of alternative models of networking, especially in innovation and scientific and technical areas of information policy, and expanding the integration of the field in this region on the information content.
This special publication for the 2012 New Delhi Summit is a collection of articles by government officials from BRICS countries, representatives of international organizations, businessmen and leading researchers.
The list of Russian contributors includes Sergei Lavrov, Foreign Minister of Russia, Maxim Medvedkov, Director of the Trade Negotiations Department of the Russian Ministry of Economic Development, Vladimir Dmitriev, Vnesheconombank Chairman, Alexander Bedritsky, advisor to the Russian President, VadimLukov, Ambassador-at-large of the Russian Foreign Affairs Ministry, and representatives of the academic community.
The publication also features articles by the President of Kazakhstan NursultanNazarbayev and internationally respected economist Jim O’Neil, who coined the term “BRIC”. In his article Jim O’Neil speculates about the future of the BRICS countries and the institution as a whole.
The publication addresses important issues of the global agenda, the priorities of BRICS and the Indian Presidency, the policies and competitive advantages of the participants, as well as BRICS institutionalization, enhancing efficiency and accountability of the forum.
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/