Конституционно-правовая регламентация полномочий президента в постсоветских государствах Закавказья
The analysis of the evolution of constitutional and legal regulation of the president's powers in the "post-Soviet" countries of Transcaucasia is presented in the article. There is the topic of presidency constitutional institutionalization in Armenia, Georgia and Azerbaijan in the focus of this research. And the efficiency of presidency, the possibilities of Head of state to bring to bear influence on the whole social life of all kinds, as well as “tilt stabilization” of his status and statures of other branches of power, their capacity of downward pressure depend on its (topic) legal solution. This situation demands the wide legal analysis and reflection, thorough understanding of different models of constitutional regulation of president powers and tendencies determination of their development. In sum, the author concludes that the presidency plays a crucial role in the political and legal institutions of the republics of the Transcaucasia. In practice, the implementation of the presidential form of government in all these countries is declared semipresidential, when in fact most of them have passed the superpresidentialism stage. The presidentalism establishment in the nineties of the 20th century is characterized by common features – Armenian, Georgian and Azerbaijan nations came through social trials and shocks. And it was strong president power that led to meaningful stabilization of the society. There is differently directed development of presidency in the noughties and tenth of the 21st century. Presidentalism comes to moderate form in Georgia. The form of government is drawn to parliamentary republic Armenia. But at the same time the prerogative powers of President are strengthened in Azerbaijan as opposite to its neighbors.
Our purpose in this article is to reconstruct on the basis of cognitive and information theory approach some basic parameters of law and justice in the process of searching solutions for fundamental problems of transitional Post-Soviet period. Among them are: the conflict of law and justice in current Russian political reality; social equality and new property relations; national identity and system of government; the form of government and the type of political regime; legitimacy and legality of political transformation; effectiveness of law.
The application of «protective reservations» is a fundamental principle of modern codifications of the private international law. The post-graduate student of the Private International Law Department, Faculty of Laws, National Research University «The Higher School of Economics», the advocate E.A. Kruty (e-mail: email@example.com) minutely analyses provisions about the reservation about the public policy and mandatory rules which are included in the international acts and ten national codifications of XXI centuries (Azerbaijan, Lithuania, Estonia, Mongolia, Russia, Belgium, Bulgaria, Ukraine, Macedonia, Turkey). Despite the apparent prevalence of the negative construction of the reservation about the public policy the lawmaker prefers in some situations its positive variant. An appeal to codifications allows to identify the certain conditions on which protective reservations take effect. Their most detailed description is contained in the Belgian and Bulgarian codes. Not less interesting is a regulation of the legal consequences coming as a result of application of these legal institutions for private legal relations with a foreign element including in the international civil procedure.
Thematic volume of the Gosudarstvo, religija, cerkov' v Rossii i za rubezhom (2/33, 2015) entitled “Hristianskij Vostok: gosudarstva i mezhkonfessional'nye svjazi” [Christian Orient: The States and Interconfessional Relations]; edited by Dr. N. Seleznyov.
The article aims at analysing the transfer of anti-corruption norms and standards as well as the instrumental use of anti-corruption efforts in Georgia. Drawing on the literature on anthropology and development, I use Georgia as a case study to analyse how an anti-corruption discourse is translated into local agendas. In the first part, I analyse three different perspectives on the fight against corruption in Georgia. In the second part, I examine three different types of anti-corruption interventions to illustrate the various agendas pursued by actors in the anti-corruption field. First, I study the implementation of the national anti-corruption strategy as an example of a conflict between two actors (government and international organisation) to assert the pre-eminence of a particular anti-corruption expertise. Second, I examine the reform of the Chamber of Control of Georgia (CCG), in particular the confrontation between the CCG and the Ministry of Education (MoE) in 2007, as an example of how an external anti-corruption agenda is adapted to local political struggles. Third, I analyse civil society anti-corruption projects as examples of the attempt to maintain a particular donor discourse.
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/