Об административной юстиции
The article is about actual issues of administrative and judicial reforms, a number of important for understanding of the issue terms (legal process, the administrative process, administrative and procedural activities, administrative justice, administrative jurisdiction, administrative court proceedings, etc.), various problems of administrative cases in the courts, and in pre-trial (court) order. The new procedural act (the Code of Administrative Court Procedure) is also analyzed. A lot of attention is also paid to the issue of pre-trial damages.
In the modern globalized world almost all the transactions involve a foreign element which inevitably leads to the disputes arising in a foreign country. This is old news for Russian citizens and companies who find themselves more often than ever in the middle of litigation abroad. However, lawyers are well aware that winning a lawsuit is not the end – seeking recognition and enforcement of the judgment is the next step. Enforcing judgments in Russia is a tricky business, the one that many are not ready to encounter. Although Russia is a party of about thirty agreements on mutual recognition of the foreign judgments, there are no such agreements with major European countries or America. In such cases, the principles of comity and reciprocity come into play. Even if there is a legal basis for recognition, then when is the court allowed not to recognize or enforce it? Russian foreign policy does reflect the need for establishing a new level of connection with the countries of the world community by enhancing economic, trade and cultural relations. As a prerequisite for this though, Russian legislation must adequately protect the rights and legitimate interests of foreign partners. Certainty of a result is what attracts businessmen, especially foreign investors. Therefore, the law on recognition and enforcement of foreign judgments (hereinafter - REFJ) must lead to a stable and predictable outcome. This paper is dedicated to analysis of the current Russian legislation, judicial decisions on REFG as well as writings of scholars on the existing problems obstacles and problems. Moreover, here will be discussed the peculiarities of the law of the United States of America on the recognition and enforcement of foreign-country judgments.
The book presents a broad interdisciplinary view comcerning different aspects of civil service reforms in several countries, including Russia, in the context of transformation of role of state and character of its relations with civil society, what is taking place now in the leading coutries of the world. The main historical concepts of bureaucracy and contemporary searches new (post-Weberian) model of it are considered In the first - theoretical - part of book. The second part is devoted to inter-countries' comparative analysis of history and modern condition of civil service in Creat Britain, USA, Canada, France, Germany. The final section in each countries' paragraph is "The lessons for Russia". The subject of the third part is the Russian bureaucracy in historical and contemporary aspects. The American, English, Canadian, Rfzakh and Russian codes of civil servants' conduct applied to the monograth.
The book addresses judicial reforms in a number of post-socialist countries, including Poland, Bulgaria, Baltic states, Russia, Ukraine, Georgia and several other former Sovier republics. The focal point is the impact of the Soviet past (Soviet attitude towards law, specifics of early Soviet criminal law, the role of Soviet courts and the phenomenon of the Soviet judicial mentality) on judicial and police reforms.
In the basis of book lies the dialectical description of the judicial system as a purposeful system having a complex hierarchy and rules of functioning, which is in continuous interaction of its internal elements and external factors of influence, including other branches of government, therefore structural changes of the judicial system in itself, as well as its competence and the quality of justice in general are observed. Consideration by the author of judicial system as an integrated dynamic system allows to reveal a number of regularities in its cyclical development. Society, as it is known, develops in a spiral. Exactly this model of evolution in philosophy arose as a result of the interaction of the three laws of dialectics: the unity and conflict of opposites, the transition of quantitative changes into qualitative, and the negation of negation. The court as a mirror of society repeats the convolutions of its development. The line forming a spiral is the hierarchy of the judicial system. At the same time this line, as the spiral of lower order, represents the unification and differentiation of judges’ specialization in consideration and resolution of cases, in jurisdiction and official knowledge of controversies, as well as the centralization and decentralization of judicial control, and as a consequence, the redistribution of powers between the judicial instances (appeal, cassation, supervision). Reduction or increase in number of judicial instances occurs simultaneously with the change of the administrative-territorial division of the state, and principles of government, the population size, and hence the number of cases coming to court. Depending on what authority (judicial or non-judicial) heads the judicial system and carries out check of the court decisions, there is the correction of its principles and procedures. The domestic judicial system, having passed some cycles, recently passed the bifurcation point and again is in an unstable state. Evidence of this is the merger of higher judiciary in the system of arbitration courts and courts of general jurisdiction, despite the fact that this task was not included in the Federal target program for development of the judicial system until 2020. Complex study of factors influencing the judicial system will allow us to comprehend the global processes in society and the state – as being fundamentals in forming the structure of the judicial system and principles of its functioning. Such researches are useful for fledged understanding the history of the development of the domestic judicial system and its trends. Therefore, taking into account the history of transformations and their scales, the book gives a new understanding of the modern state of judicial system and possibility of its modeling – with due regard for the mistakes of the past.
The article continues the series of analytical reviews, adopted during the sessions of the European Commission for Democracy through Law. The authors analyze adopted on the 113-th Plenary session Opinion CDL-(2017)036 regarding to Poland, prepared in light of an extensive judicial reform. Consideration and adoption of the Opinion had debatable character due to a wide range of controversial points of the reform. So the Venice Commission came to firm conclusion that the National Council of the Judiciary – the highest body of judicial community – was politicized. The formation procedure of this body, in particular, promotes politization as it includes excessive participation of the Parliament. The Polish lawmakers are going to create in the structure of the Supreme Court two new chambers – Extraordinary and Disciplinary. Legal provisions on these chambers provoked criticism by the Venice Commission because of obviously incompliance of the status of the chambers with international standards and the theory of procedural law. Finally, the Venice Commission examined in detail the Polish bills to ensure the independence of judges and came to the disappointing conclusion about gross breach of this principle. On independence, in particular, adversely affected excessive powers of the presidents of the courts regarding to judges. At the same time the presidents of the courts are in a vulnerable position too, Polish bills view them as a kind of officials, supervised by the Ministry of Justice. Considerable attention in article is paid to finding parallels with the Russian legislation on judicial system and status of judges. The authors came to the conclusion that a number of problems for Poland and Russia is similar.
This chapter presents papers by the participants of the working group “Local Governance and Local Democracy”. Oxana Chernenko, Ass. Prof. of HSE, and Susan Guerra, Municipality of Oslo, Unit for Sustainability, were the academic supervisors of this group, Chuck Hirt, Council of Europe, expert, head of Citizens Network.
The group worked on the following research problems. According to the
European Charter of Local Self-Government (1985), “Local self-government denotes the right and the ability of local authorities, within the limits of the law, to regulate and manage a substantial share of public affairs under their own responsibility and in the interests of the local population”. To what extent does practice of municipal governance in the Russian Federation give us justification of this phenomenon?
Almost everywhere in theRussian Federation municipal management is not based on local self-government. The process of transferring management functions to local communities level is not developing but rather declining. The signs of interaction of local self-governance with municipal management can only be seen in rural settlements and towns. They are weak in city settlements, despite of the favorable local environment, and are not shown in any way at the municipal areas level where bodies of municipal management associate themselves with the government, and this
aspiration is supported by the regional level of the state government(power). The institute of local authorities institute is different by nature, which causes constantly arising problems with the explanation, and furthermore, with prediction local selfgovernance trends. Absence of a developed methodology does not allow to provide standard consistent recommendations about the structure of municipal authority. The
object of research is still “too young” (despite the deep tradition of self-governance in Russia, not only in rural communities, but also in towns) and still very much dependent on the local social and administrative features, as well as on the territorial and spatial features of the country.
The aim of this project was to study and analyze models of self -governance at the level of local communities through cross-country comparison (especially from a legal perspective) and to see how the European experience can be implemented in Russia.
These issues are discussed in the participants’ papers, including “Reputationbased governance and making states ‘legible’ to their citizens” by Lucio Picci, “Improving the quality of municipal service: cases on administrative reforms in the UK and Sweden” by Julia Minaeva, and “Local Governance in Scandinavian countries: is there a Common Model?” by Svetlana Tokunova.
"10.07.27 Философские проблемы государства и права
10.07.31 Социология права
10.07.61 Теория права
10.09.91 История государства и права отдельных стран
The article covers the major trends that are currently formed in the practice of arbitration courts in approving the settlement agreement and possible ways of further development of this institution.
One of the measures implemented as a part of administrative reform in Russia was the introduction of administrative procedures — special rules for providing government services that specify the process, the timing, the sanctions, etc, which can be used by bureaucrats for coordinating their activities, and by their principals (higher ranking bureaucrats and citizens) to control their agents. The main idea behind the administrative procedures was to increase the transparency of bureaucracies that provide government services, to simplify the control over bureaucrats, to prevent corruption, and, consequently, to increase the quality of government services. But after a few years since the introduction of administrative procedures we still face the problem of low accountability of bureaucrats. Thus, the main goal of the paper is to show whether administrative procedures can solve the problem of bureaucrats’ opportunism, and if they can, what are the key determinants of their effectiveness. To answer the question we provide two simple models of interaction between bureaucrats and citizens, and bureaucrats of different ranks, and describe the links between the models, to show how the introduction of administrative procedures influences the outcome of the interaction between the agents. We also define the set of parameters that can make administrative procedures a real means of control over bureaucrats and thus lead to better quality of government services.
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/