Соотношение традиционных принципов национальной модели правосудия и международных стандартов: ретроспективный обзор.
The article is devoted to the concept of access to justice, appeared in the second half of the twentieth century in Europe, and its perception in modern English civil procedure law. The main attention is paid to the issue of providing reasonable time for legal proceedings. Precisely the timeliness of the trial is one of the main requirements of the access to justice, which was confirmed both in the practice of the European Court of Human Rights and in the science of procedural law. The article begins with a brief overview of the evolution of the English civil procedure in the second half of the twentieth century. The impact of the practice of the European Court of Human Rights on only partially codified English procedural legislation is assessed. Then the ideas of the Florentine project are considered in detail, which became prerequisites not only for comprehend of the concept of access to justice in English science, but in general, for the reform English civil procedure. Attention is paid to the underestimated contribution of the Italian professor Mauro Cappelletti to the world procedure-legal science. The final part of the article reflects the current state of the English civil procedure, in particular, the Civil Procedure Rules (the main source of reformed English civil procedural law) are analyzed in terms of the concept of access to justice. As an example of the successful outcome of the reform procedural and legal mechanisms are provided to ensure a reasonable time for trial in English civil procedure. The main conclusion is that the positive experience of the English reform can be a model and a source of inspiration for states that are in search of a balanced procedural legislation, including Russia.
The article analyses interpretation of the articles of the European Convention on Human rights and Fundamental Freedoms, which guarantee the right to private and family life, to marry, to access court and to be free from arbitrary detention in the context of formal equality and non-discrimination for the persons with mental disabilities. The author argues that the judges of international courts interpret human rights language not literally, but broadly, pragmatically – involving comparative legal studies, judicial practice of different states, fact analysis for the better protection of fundamental rights of the applicants, thus employing compensatory possibilities of law for the equalization of the possibilities to access the rights for the persons, belonging to disadvantages groups.
This article is devoted to analysis the problem of the efficiency of lеgal norms contained in KAS RF. In particular the author evaluates the norms about judicial discretion, the adversarial principle with an active role of the court, access to justice and enforceability of court decisions. The author analyzes the number of reversed decisions in 2016 as well. In conclusion the author considers that some norms of KAS are ambiguous and such ambiguity influences to the efficiency of justice in administrative cases.
The present paper continues scientific discussion about summary proceedings in Russia. The subject of the research is the recent reform of Commercial procedural code of Russia Federation and especially court order on commercial proceedings. The major research question discussed in the paper is influence of court order to accessibility of justice. The author compares the basic requirements of the accessibility of justice with the essential elements of ordered proceedings.The research is based both on studies of the proceeding scientists in the fi eld of simplifi ed forms of justice, and on studies dealing with the concept of access to justice. A profound analysis gives opportunity to conclude that the court order is too inconsistent and prematurely included in the Commercial procedural code of Russia Federation.
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/