Правосознание российских судей и его отражение в практике высших судов
The paper proposes a method for studying the legal consciousness of judges, based on the analysis of judicial decisions, which overcomes certain limitations of questionnaires and interviews. The effectiveness of this method is shown — a study of several groups of Russian higher court judgments has allowed describing deep attitudes in the legal consciousness of judges of these courts. The analysis covered the legal reasoning of the RF Constitutional Court, the RF Supreme Court and the RF Supreme Arbitrazh (Commercial) Court as well as their interpretation of legal norms and the mechanisms for selecting decisions for referral to the Supreme courts. It is also shown that, despite the limited material used in the study, it is sufficient to make general and justified conclusions about the legal consciousness of judges.
The author analyzes from general perspectives of the management theory how the concept of separation of powers is implemented in education, and how it can be improved in the future. It is shown in the article that in a period since 2004, when an administrative reform started and the united Ministry of Education and Science of the Russian Federation began its work, and till spring 2012, when the government of the Russian Federation changed, reauthorization from the legislative to the executive branches and from regional to federal authorities took place. Issues and risks of centralization of powers are considered with specific reference to management practices. Also, options for solving the problem of centralization of powers given by different power structures are analyzed, other solutions to this problem are offered.
Report of the retired Judge of the Constitutional Court of the Russian Federation, Adviser of the Constitutional Court of the Russian Federation, Professor T. G. Morshchakova at the Second Senate Conference is dedicated to the issue of the supremacy of law and independence of the judicial power. October 12, 2009.
The chapter of the book systematically examine various effects of resource curse in such arenas as rule of law and property rights in Russia in comparison with the other oil-and-gas exporting countries beginning from the XXI century.
The scientific research focuses on the pressing issue of an implementation of the rule of law and justice accessibility in Russia as a legal state. The core of the research is formed by a comparative study of the issues and objectives of the 1991 Concept of Judicial Reform of Russian Federation and the results of changes in procedural and judicial system legislation during the last 25 years. A comparison is also made between the standards of public services of legal dispute resolution provided by a public legislative authority and the standards of general public services by a public agency and local self-government body and the standards of a fair trial. Comparison is made not only by the level of legal guarantees for public service customers, but also by the dynamics of Russia’s process of becoming a legal state through the implementation of its judicial reform. Procedural legislation is assessed for comprehensiveness of legal provisions of judicial procedures: the order and conditions of a public service; consistency of norms, transparency of the court activities, the provision of safeguards against judicial arbitrariness and red tape, the mechanisms of efficiency enhancement and communication with the court, the compensation for the violation of the fair trial rights in civil, commercial, administrative and criminal proceedings. The court accessibility is assessed for compliance with procedural aspects of the fair trial concept: the conditions of application for the public service, the legal recourse procedures and eligibility terms, terms and size of an official fee, the possibility of fee deferral and exemption, convenience of a public fee calculation, rules of the appeal procedure. Judicial legislation is analyzed in relationship to the principles of transparency and independence of a fair trial concept in the institutional aspect. This scientific study focuses on a transfer of judiciary public services into an electronic sphere, the interaction between the courts and the interaction between courts and the executive bodies: it identifies problems and suggests possible solutions. The work assesses an effectiveness of an implementation of the 1991 Concept of Judicial Reform of Russian Federation and the targeted Federal Programs for the Development of the Judiciary, and their compatibility with the concept of sustainable development in the judicial system. The results of this scientific research have practical value, both for Russian national system and foreign countries seeking to promote the rule of law and court accessibility in the context of the UN sustainable development concept.
This article focuses on the American experience of guaranteeing decisional independence of judges. Historically the United States turned to be the pioneer in the area of legislative regulation of the status of judiciary power. With forming the normative base of both functioning of judiciary and the status of judges the following factor (which was repeatedly emphasized by the Founding Fathers) was taken into consideration: actual separation of powers is impossible without independent judiciary, and thus institutional independence of judiciary is impossible without decisional independence of individual judges. The article includes some comments of American judges regarding the essence generating prestige and institutional independence of the American judiciary and the qualities necessary for a good judge. The article also describes the doctrine of judicial activism.
This article is about alternative strategies of constitutional transformation in the period of elaboration of the Russian Constitution of 1993. The author analyses historical origins of basic constitutional principles such as parliament democracy, separation of powers and different forms of government and their interpretation during political crisis of the period under consideration.
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/