Россия и ЕСПЧ: есть напряжение?
In the present article author analyses the key problems of the development of the international justice in conjunction with international law and policy. Using the European Court of Human Rights as example, he demonstrates the trend of development of international jurisdictional bodies. Upon author’s view, the balanced development of the international law as well as the vitality of the existing mechanisms of the international protection of human rights are impossible in the absence of the effective dialogue between national and supranational courts.
The book contains articles written for the international conference "Legal Aspects of the BRICS", held 6-8 May 2013 at the University of "Tor Vergata" (Rome). They are grouped into the following sections: Legal basis BRICS: International law and Roman law; environment and sustainable development; trade: international contracts and contemporary legal systems; energy and legal instruments. Articles are devoted to actual problems of the functioning of the BRICS and cooperation of BRICS countries.
The article is devoted to the definition of legal nature of the FATF Forty Recommendations on anti-money laundering and Nine Special Recommendations on Terrorist Financing. The first part of the article observes the creation and development of the FATF Forty Recommendations and Nine Special Recommendations on Terrorist Financing. Next, the article considers the question of determining the legal status of the recommendations of the FATF.
In the book the press secretary of the International Criminal Tribunal for the Former Yugoslavia F. Hartmann in a fascinating form speaks about the "hidden springs" of the administration of the international criminal justice. The political portraits of the main war criminals are given, including R. Karadzic and R. Mladić. Capable psychological sketches of relationships within the Prosecutor’s Office of the Tribunal’s are given, as well as between justices, which convey the atmosphere of litigation in general. A special place is given to the trial of the former Serbian President S. Milosevic. For a wide range of readers.
The article deals with results of the scientific seminar on "Legal Aspects of the BRICS", held in St. Petersburg with the participation of law professors from universities in the BRICS countries. They are represented in the collection of articles with the same title. The author presents the conclusion about the necessity of comparative studies of legal systems of the BRICS countries for the successful cooperation in the framework of the BRICS group, notes the potential of a harmonization of the legal regulation of all spheres of cooperation, besides of the use of the international law.
This Chapter is devoted to the study of the emergence and development of the international regulation of social security, its modern scope and specifics, as well as basic international principles, rights and freedoms in this sphere.
About the Russian Federation Court System: its current state and future development prospects.The author analyses the current state of the Russian Court System and its future development prospects in the article. A whole number of measures concerning the Court System development is proposed. These measures include: clear definition of «the Court System» notion; organization of the separate second instance Courts for magistrates in the regional centres; the domestic constitutional justice arrangement; inter-regional and district Courts creation. The legality of restrictive provisions of distribution agreements under Russian civil legislation is frequently disputed by lawyers. However treatment of these provisions as an example of negative obligations may be used as an argument for their validity. Moreover the answer to the question, whether such provisions should be found as restricting legal capacity of the parties to the agreement or not, depends on the level of certainty of these provisions in the agreement.
development of the Court system; federalism; magistrates; Constitutional Сourt; specialization; inter-regional court; district court
distribution (distributorship) agreement, restrictive provisions, negative (passive) obligations, restriction of legal capacity
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/