Юридические конфликты: механизм анализа и преодоления
Arguing about the juridical nature of the decisions of the Constitutional Court of the Russian Federation, taken in particular constitutional review, the author of this article concludes that the acts in question constitute a normative interpretation case law, equal in their legal power to forceverifiable the rules and have in some cases retroactive.
The article examines the role of an abstract interpretation of acts of the highest courts in the context of the unity of judicial enforcement, due to the need to implement the constitutional prohibition of discrimination enshrined in the administration of justice. Arguing about the validity of acts of abstract interpretation, the author concludes that their binding may be deemed constitutionally justified only if the current system of legal regulation in the mechanism of denial of constitutional jurisdiction.
The main focus of this paper is the analysis of problems in the field of legislative regulation of the international abduction of children in Russia as well as of the perspectives and obstacles of the implementation of the Convention on the Civil Aspects of International Child Abduction. Russia acceded to the Convention one year ago. Author aims to study the progress achieved during this period in the field of setting the mechanisms prescribed by the Convention and in bringing Russian legislation in the conformity with standards stipulated in the Convention.
In this paper the differences and the similarities of formation of legal traditions in the Medieval Europe are examined. The author analyzes the impact of these differences on the consequent development of legal mentality and legal identity in Russia and in the Western Europe.
This book contains abstracts and complete papers approved by the Conference Review Committee of SGEM conference on Political Science, Law, Finance, Economics and Tourism
This article is devoted to the Digest of the Laws of the Russian Empire – an embodiment of the operative legal system in late imperial Russia. Even though the Digest contained the law in force, and thus should be studied as a crucial source on Russian (legal) history, its meaning has been often overlooked. The reason for that is a remarkable difference between the original texts of laws adopted by the legislator, and their published form in the Digest. This difference came from the necessary editing procedures when every new piece of legislation was included in the existing system of the Digest. This strange feature of legal procedure when two different versions of a particular law – the original one and the one codified in the Digest – both remained in force should be considered as a part of official autocratic legality in late imperial Russia. Even though it may seem inefficient and irrational, the practice of obligatory codification of laws in the Digest existed for a rather long time – from 1835 until 1917. My research aims to find possible explanations for the Digest’s prolonged existence in the context of political and legal culture of late imperial Russia. What did Russian ‘official legality’ actually mean on the levels of theory and action?
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/