Признание и приведение в исполнение иностранных судебных решений: национальное и региональное измерение
Present article considers several questions of recognition and enforcement of foreign judgments on national and regional levels of legal regulation. The aim of research is to study certain aspects of recognition and enforcement of foreign judgments including categories of foreign judgments which are subject to recognition and enforcement, procedure of recognition and enforcement, grounds for the refusal of recognition and enforcement. The authors deeply scrutinized national legislation represented by the Arbitrazh Procedure Code of the Russian Federation of 2002 and the Civil Procedure Code of the Kyrgyz Republic of 2017; international treaties of regional character (e.g. Minsk convention on legal assistance and legal relations in civil, matrimonial and criminal matters of 1993; Lugano Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters of 2007) and legal documents of international organizations (e.g. EU Regulation № 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) (Brussels Ibis) of 2012. Applying a comparative research method, the authors came to a conclusion that foreign judgments subject to recognition and enforcement are strictly defined in national legislation rather than in certain international treaties of regional character and EC regulations. Procedure of recognition and enforcement of foreign judgments has been evolving from exequatur issued by court addressed (in national legislation and certain international treaties of regional character) to its abolishing in certain international treaties of regional character and EC regulations. The grounds for the refusal of recognition and enforcement are strictly limited and include undue service of documents instituting the proceedings on the defendant not enabling him to arrange for his defence; the judgment is irreconcilable with a judgment given between the same parties, on the same subject matter rendered by the court in the state addressed or in another country; if the recognition and enforcement are manifestly contrary to public policy in the state addressed.
According to the author, the quality of political parties and public administration are highly dependent on the ability of the citizens to self-organization, their concernment in public aff airs and also the extent government bodies are interested in cooperation with social structures.
The article presents an analysis of the development of metropolitan areas in Mexico and in the State of Hidalgo.
The author explores the reasons behind the crisis of single industry towns, possibilities and challenges of public private partnership in such towns, presenting foreign experience of transformation of old industrial territories and giving recommendations aimed at increasing efficiency of public policy concerning single industry towns.
The dominant policy style in Russia is reactive, short-term, hierarchical, and state-driven – the result of a strong legacy of authoritarianism as a stable component of political regimes in the Russian Empire, USSR, and the Russian Federation. More complex reasons lie behind this riven or divided policy-making style: namely, a split between universalities or ideology as a foundation for policy legitimacy and implementation. There is a significant gap between declared policy goals and ideas, planned policy strategies and formulations, on the one hand, and policy implementation, on the other. Manual government, corruption, and state imposition define the policy formulation process in Russia. Due to the strength of the imperial legacy and “empire syndrome” ideology, the riven policy style is reproduced by bureaucrats, experts, political elites, and the public, despite the widening gap between public declarations and policy outcomes. Simulations and imitations of strategic and anticipative policy-making, especially at the policy formulation stage, characterize the behavior of key policy actors. Nevertheless, in some sectors such as education, policy styles can differ from the dominant one to a more anticipative and inclusive, long term because of the active position of policy communities such as citizens’ groups and associations or epistemic communities.
Russian federal agencies have created a variety of consultative bodies during the last decade, but their role in the agency's decision-making process is yet to be evaluated. Relevant experience of other countries proposes two major political factors of consultative bodies' influence. The political culture orientation towards compromise and positive perception of interest groups' participation in the decision-making process seem to contribute to that influence.
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/