Правовые позиции Конституционного Суда Российской Федерации (на примере органов внутренних дел)
The article is devoted to the implementation of the legal positions of the constitutional Court of the Russian Federation concerning the activities of the internal Affairs bodies. Statistical indicators of the appeals of the constitutional Court of the Russian Federation received by the Ministry of internal Affairs of Russia in 2017 – the first half of 2018 are considered. The most important Decisions of the constitutional Court of the Russian Federation concerning activity of the Ministry of internal Affairs of Russia accepted for the specified period are analyzed. The author substantiates the proposal to improve the efficiency of legislative activity on the implementation of the decisions of the constitutional Court of the Russian Federation.
Democratic constitutional order is occasionally threatened by anti-democratic forces, and thus, requires special protection. The concept of militant democracy has been developed to provide adequate defensive mechanisms. In this article, we discuss positive aspects of their application, but also highlight the risks of abusing these defensive mechanisms. Essentially, the problems are associated with narrowing the political space and favouring the dominant political force. Fragile democracies, including Russia, are particularly vulnerable to such exposure. A targeted study of Russian legislation and the caselaw of the Constitutional Court of the Russian Federation has allowed us to identify the prerequisites for effective implementation of the doctrine of self-defence in line with the principles of constitutionalism.
The article deals with the problem of interdisciplinary res judicata - binding force, in criminal proceedings, of final judicial decisions issued in other proceedings. The authors find that the principle of res judicata should apply not only to facts, but also to legal assessment of those facts by the courts. Such interpretation of interdisciplinary res judicata stems from systemic interpretation of Ruling No. 30-P issued by the Constitutional Court of the Russian Federation on 21 December 2011.
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/