Рец. на: Дугарова С. Ж. Историография монгольского государства и права (XIII - начало XIX в.): монография. Улан-Удэ: Изд-во Бурятского гос. ун-та, 2016. 332 с.
Mongolian codifications of 16th–18th centuries are considered to be sources of customary law. But their structure and content prove the opposite as they were results of law-making by rulers and contained different rules on status and credentials of authorities. One of such fields was legal procedure which becomes an object for analysis in this article. The goal of our research is analysis of procedural institutions in Mongolian codifications and their evolutions from the 16th to the 18th century. To achieve this goal, one should analyze procedural rules in these codifications, find their common and specific features, correlate the content of codifications with political situation in Mongolia and, at last, trace the evolution of procedural institutions. The sources for research are late medieval Mongolian legal codifications: the Code of Altan Khan, ruler of Tumet in Southern Mongolia (c. 1588), Eighteen Steppe Laws established at conferences of Khalkha rulers between the 1580s and 1620s, ‘Ik Tsaaz’ (‘The Great Code’) issued at the Congress of Oirat and Mongol princes in 1640 with additional edicts of the Zunghar ruler Galdan Boshugtu Khan in the 1670s and, finally, ‘Khalkha Jirum’ (‘The Code of Khalkha’) issued from 1709 to 1770 by conferences of rulers of the Northern Mongolia. To study this documents a number of research methods were used, namely: source study, structure functional analysis, comparative historical research, formal legal approach, historical legal method and comparative legal analysis.The legal procedure developed irregularly during the examined period. The status and credentials of authorities in the field of justice were substantially changed from the 16th throughout the 18th century, and that was connected with political processes in Mongolia. In particular, with centralization of power in the Zunghar Khanate in the 17th century and adaptation of Khalkha rulers to new political realities under the suzerainty of the Qing Empire since the end of the same century. As for other procedural institutions, such as evidences and their search, those remained, in fact, unchanged. That could be explained by that the procedural institutions were closer connected with customary law, and Mongolian rulers did not pay attention to their adaptation to the current situation. However, the article is no more than a problem setting, and advanced research should include sources which still are not introduced into the scientific circulation: Code of the League of Kuku-Nor (late 17th century), court practice cases in the ‘Ulaan Hatsart’ (‘Red Notebook’, 19th – early 20th centuries). Besides that, another kinds of sources should be kept in mind, e. g., Manchurian law for Mongols (‘Tsaajin Bichig’ of the 17th century and ‘Lifanyuan Tse-li’ – Code of the Qing Ministry of Foreign Affairs, late 18th – early 19th centuries), Kalmyk legislation of the 18th century, Buryat law of 18th–19th centuries. These sources could help understand which procedural institution in the law of Mongolic peoples were kept unchanged and which ones were results of reception from the Russian or Chinese 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: firstname.lastname@example.org) 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 Baikal region in Siberia had long been a zone of interactions between various European, Asian and global actors. Numerous relational spaces which were produced by the interactions were reconstructed in a geographic information system (GIS) and analysed jointly. The fall of the Qing and Russian empires resulted in energetic attempts to redraw administrative and international boundaries. Between 1917 and 1919 several disentanglement projects were developed and implemented by different actors, including indigenous intellectuals and Buddhist monks. These were the Buryat Autonomy proclaimed in 1917; the Buddhist theocracy created by a dissident Buddhist monk Lubsan Samdan Tsydenov; and the pan-Mongolian federation of Inner, Outer, Hulunbuir and Buryat Mongolia supported by Japanese officers and a regional Cossack leader Grigory Semenov. Each project underlined a certain group identity and claimed particular relational spaces. The article explored how the conflicts between overlapping identities were resolved, and why all three projects failed.
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/