Конституционно-правовой опыт регламентации президентской власти во Французской Республике (история и современность)
The article deals with the legal and actual status and powers of the President of France within its Republic History as the object of research. The appeal to the history of presidency and experience of its constitutional and legal regulation in the French Republic as the research subject seems to be logical due to complex of facts. Development of the theory of separation of powers in the country had a great influence on the constitutional practice and a state system in other European countries. On the way of transformation from parliamentary in hybrid, both parliamentary and presidential system, France initially was guided by the extremely complex challenge consisting in creating by the constitutional means "the strong power" headed by the President of the country as the "authoritative arbitrator" maintaining national interests in any circumstances at preservation of the principle of separation and balance of the powers, democracy, the rights and personal freedoms.
Article is devoted to big theoretical problem, which is located on the of legal theory and constitutional law. Author particularly explores content of terms «constitutionalism», «false constitutionalism», «constitutional state», «political constitution», «rule of law» and its understanding in various periods in different countries. Article gives an analysis of impact made by legal scholars of Russia in studying this issue. Author emphasizes developing tendency in many countries towards exploration of constitutional law in collaboration with such disciplines as administrative and financial law.
In the paper the author presents the comparative analysis of legal status of the subsidiary bodies providing activity of the head of state in the USA and France, defines the features of realization of competence of these structures, points out the directions of evolution of competence and problems existing in the field.
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/