Обязанность вести дело через представителя при оспаривании нормативных правовых актов
For the first time, the Code of Administrative Procedure has introduced property and educational qualifications for persons who wish to challenge legal acts in court. Such decision of the legislator raises doubts from the point of view of its compliance to the Constitution. The author examines the reasons for this decision in light of the access to justice, guarantees to qualified legal aid, principle of equality of parties, and the features of judicial compliance assessment.
The article gives a brief overview of the evolution of the concept of accessibility of justice in foreign law, including the development of the practice of the European Court of Human Rights. Particular attention is paid to the legislative initiatives of the Supreme Court of 2017-2018: examined how they meet the requirements of access to justice.
The article is devoted to the concept of access to justice, appeared in the second half of the twentieth century in Europe, and its perception in modern English civil procedure law. The main attention is paid to the issue of providing reasonable time for legal proceedings. Precisely the timeliness of the trial is one of the main requirements of the access to justice, which was confirmed both in the practice of the European Court of Human Rights and in the science of procedural law. The article begins with a brief overview of the evolution of the English civil procedure in the second half of the twentieth century. The impact of the practice of the European Court of Human Rights on only partially codified English procedural legislation is assessed. Then the ideas of the Florentine project are considered in detail, which became prerequisites not only for comprehend of the concept of access to justice in English science, but in general, for the reform English civil procedure. Attention is paid to the underestimated contribution of the Italian professor Mauro Cappelletti to the world procedure-legal science. The final part of the article reflects the current state of the English civil procedure, in particular, the Civil Procedure Rules (the main source of reformed English civil procedural law) are analyzed in terms of the concept of access to justice. As an example of the successful outcome of the reform procedural and legal mechanisms are provided to ensure a reasonable time for trial in English civil procedure. The main conclusion is that the positive experience of the English reform can be a model and a source of inspiration for states that are in search of a balanced procedural legislation, including Russia.
The paper argues that the constitutionally required is only a judicial compliance assessment. Analyzing the structural features of different models of judicial compliance assessment, the author proves the interconnection and interdependence of the constitutional provisions, the subject of judicial activity and the specific procedural rules of the contestation of normative legal acts. Explore the possibility of a judicial compliance assessment model, the author argues that the development of production rules on contestation of normative legal acts on the model of the right resolve the dispute fully corresponds with the constitutional guarantees of the right to judicial protection.
The present paper continues scientific discussion about summary proceedings in Russia. The subject of the research is the recent reform of Commercial procedural code of Russia Federation and especially court order on commercial proceedings. The major research question discussed in the paper is influence of court order to accessibility of justice. The author compares the basic requirements of the accessibility of justice with the essential elements of ordered proceedings.The research is based both on studies of the proceeding scientists in the fi eld of simplifi ed forms of justice, and on studies dealing with the concept of access to justice. A profound analysis gives opportunity to conclude that the court order is too inconsistent and prematurely included in the Commercial procedural code of Russia Federation.
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/