Использование органами конституционного контроля зарубежного опыта
This article is dedicated to comparative analysis of the use of foreign law by constitutional courts. The authors
explore various factors that motivate judges to refer to foreign legal sources, categorize the goals of citation, and
provide a theoretical framework for judicial comparativism drawing on the theories of constitutional interpretation.
The main findings of this analysis help to understand the Russian Constitutional Court’s emerging practice of explicit
use of comparative arguments.
The article deals with the main forms and directions of interaction between modern Russian legislation and some institutions and provisions of islamic Shariat. The author analysis attempts of referring to Shariat in modern Russia in different forms including implementation of above mentioned norm and institutions in Russian legislation. He underlines the possibility of guite wide referring to Shariat provisions as far as the problems covered by dispositive norms of the legislation in force are concerned.
The collection of papers is made of works of participants of the V Internatioanl Conference which took place on May 12, 2017 in Novosibirsk. In papers explores and analyses the fundamental and applied problems of modernization of the legal system in russian and international contexts.
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
In the third edition of the textbook light out the issues of modern constitutional law of Russia. It has been prepared in accordens with educational standerts. It is recomended to students and teachers of law faculties, political scientists, economists, experts of the public administration
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/