Приказное производство в арбитражном процессе и доступность правосудия: проблемы взаимного влияния
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 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 present research is devoted to the analysis of general trends in the Russian commercial procedural legislation The author proceeds from the fact that the nature of the latest amendments to the Commercial Procedural Code of the Russian Federation indicates that Russian justice in the field of economic disputes is currently in a transition, and Aspires to formulate fundamentally new tools and norms. In order to determine possible directions of commercial procedural law development, two European concepts have been chosen: the concept of access to justice and concept of quality of law, which are regularly used in the case-law of the European Court of Human Rights. Comparison of changes in the procedural legislation with these concepts and the practice of the international court led to the conclusion that certain legislative novels cause an excessive number of questions. Thus, the writ proceedings introduced into the commercial process does not fully correspond to the ideas of access to justice. Particularly criticized is the idea of refusing to compose the reasoning part of the judgment in view of the discrepancy of this innovation with the case-law of the ECHR and doctrinal views on the access to justice. To determine the admissibility of any legislative changes, the ECHR's method of comparing objectives is proposed, which is to determine the balance of the objectives of the state (legislator, court) and persons seeking judicial protection. Also the article gives the estimation of tendencies of development of commercial procedural legislation from the point of view of concept of quality of the law. It was concluded that in procedural legislation (and as a consequence in judicial practice) provisions that do not meet the requirements of legal certainty. The conclusions of the article systematize the formulated conclusions and proposals.
The problem of access to justice continues to be relevant both in the practice of the European Court of Human Rights and at the level of national legal regulation. The purpose of this article is to systematize the accumulated theoretical ideas about the access to justice and analyze their practical implementation by the ECHR. The study begins with a historical overview of views on access to justice. It is concluded that indirectly this problem was understood by mankind since the time of Roman law, but the systematization and specification were obtained only in the second half of the twentieth century. Then the article gives a brief comparative analysis of the concepts of "access to justice", "the right to access to justice", "access to court". This analysis is based, among other things, on the Russian doctrine. The main part of the article is devoted to the practice of the ECHR. Thus, the analysis of the practice begins with a review of Case of Golder v. the United Kingdom, the judgment on which became the foundation and basis for the further positions of the ECHR. It also provides an overview of the dissenting opinions of judges who have not accepted the need to ensure access to justice as an independent element of the right to a fair trial. Further, the article reveals the approaches of the ECHR to restrictions on the right of access to justice, compares the legal position of the ECHR, when such restrictions are possible, and when they violate the Convention for the Protection of Human Rightsand Fundamental Freedoms and fundamental freedoms (European Convention). Finally, considerable attention is paid to the question of what essential features justice should possess for the purposes of the right of access to justice. At the end of the article, a brief overview of the areas where access to justice intersects with other elements of the right to a fair trial is given. Article is based on comparative legal and historical methods of analysis.
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/