Конституционно-правовой статус президента Республики Казахстан
Author identifies constitutional legal status of Republic Kazakhstan President. The features of institute President are described in this article. Author underlines huge role of Kazakhstan President in the structure of state power. A comparative analysis of Russian and Kazakhstan institute president is given in this article.
On December 4, 2018, the International Law Institute (Moscow) hosted an inter-university scientific and practical conference dedicated to the 25th anniversary of the Constitution of the Russian Federation, which raised questions about the history of the creation and development of the Russian Constitution. The conference was attended by teachers, practitioners, graduate students, students of various universities of the Russian Federation. The collection contains reports on a wide range of issues relating to the current state and prospects for the development of constitutional processes in modern Russia and abroad.
In the era of the Great reforms of the XIX century in the Russian Empire the "Constitution's question" was in direct communication with the basic reforms for a transitional society – peasant (land) and local governments. Tthe legal model of the transformation of agrarian society in Russia, legislatively approved in 1861-1866, has delayed the adoption of the Constitution for an indefinite term and, in contrast, declined at this time the "conservatives" bills have assumed a gradual transition to a constitutional monarchy in the near future.
In this article, I will attempt to trace the semantic changes two key concepts (Constitution and Fundamental Laws) underwent at the turn of the nineteenth century and investigate how these European concepts were adapted and used in the political language of the Alexandrine period.
This book addresses the peculiarities of the current presidential election system not yet addressed in other publications. It argues that any rules for electing a President that may have a chance to replace the current ones should provide an equal representation of states as equal members of the Union, and of the nation as a whole. This book analyzes the National Popular Vote plan and shows that this plan may violate the Supreme Court decisions on the equality of votes cast in statewide popular elections held to choose state electors. That is, the National Popular Vote plan may violate the Equal Protection Clause of the Fourteenth Amendment. The book proposes a new election system in which the will of the states and the will of the nation as a whole are determined by direct popular elections for President and Vice President in the 50 states and in D.C. This system a) would elect President a candidate who is the choice of both the nation as a whole and of the states as equal members of the Union, b) would let the current system elect a President only if the nation as a whole and the states as equal members of the Union fail to agree on a common candidate, and c) would encourage the candidates to campaign nationwide. The second edition has been updated to include a proposal on how to make established non-major party presidential candidates and independent candidates welcome participants in national televised presidential debates with the major-party candidates.
The article includes three special topics: the rules of the appointments of judges as a factor of their dependence; interaction between the courts and the administration in the context of weakness of a judicial power; co-called reform of a High Courts and the destiny of the Constitution. Some of the main conclusions of the article: 1) the President have got the power to appoint all federal judges and all chairmen of the Courts and their deputies. Meanwhile chairmen of the Courts and their deputies have got the serious administrative power. As a result of these changes the Courts turn into the hierarchical structures connected with the executive power. 2) These amendments reduced the possibilities of the creation of rule of law in Russia. The article studies some decisions of the Moscow regional Court as examples of these trend in the development of the judicial power. Оn the regional level these trend actually means the absolute loyalty of Courts to the regional executive power.
Article investigates some aspects of the liquidation of the Supreme Court of Arbitration of the Russian Federation.
The paper examines the structure, governance, and balance sheets of state-controlled banks in Russia, which accounted for over 55 percent of the total assets in the country's banking system in early 2012. The author offers a credible estimate of the size of the country's state banking sector by including banks that are indirectly owned by public organizations. Contrary to some predictions based on the theoretical literature on economic transition, he explains the relatively high profitability and efficiency of Russian state-controlled banks by pointing to their competitive position in such functions as acquisition and disposal of assets on behalf of the government. Also suggested in the paper is a different way of looking at market concentration in Russia (by consolidating the market shares of core state-controlled banks), which produces a picture of a more concentrated market than officially reported. Lastly, one of the author's interesting conclusions is that China provides a better benchmark than the formerly centrally planned economies of Central and Eastern Europe by which to assess the viability of state ownership of banks in Russia and to evaluate the country's banking sector.
The paper examines the principles for the supervision of financial conglomerates proposed by BCBS in the consultative document published in December 2011. Moreover, the article proposes a number of suggestions worked out by the authors within the HSE research team.
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/