Правовые регуляторы в экономике: национальное и международное измерение
In the contemporary world the ratio of national and international legal regulators is extremely significant and complex phenomena. On the one hand, globalization in the legal and economic spheres requires the development of unified rules for several states. On the other hand, national law continues to be valid and defines the fundamental principles of state and society. In this regard, the authors conducted a comprehensive, multidirectional analysis of the interaction between national and international law:
- within the framework of the concept of “legal space”;
- in the comparison with the acts of international organizations, including practice of the Eurasian Economic Union;
- in terms of the hierarchy of national regulators;
- on the example of the departmental rulemaking.
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 deals with one of the most complex issues of the theory of tax law. The author reveals the concept of "legal construction of taxes", analyses the elements thereof. The article draws attention to the analysis and delimitation of neighboring and similar concepts such as "elements of taxation" and others.
Key words: legal construction of taxes and charges, elements of taxes and charges, elementary composition of taxes and charges, dynamic elements of taxes.
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.
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.
The article outlines new contracts, regulating social relations on railway transport in the light of the current structural reform of this mode of transport. The aim of this reform is to provide a smooth economically sound transition of the natural monopolist - the railway service - to the market economy environment. However, the implementation of the reform has been downplayed. This can be explained by the fact that Russian Railways (RZD) have been maintaining their functions as the carrier while simultaneously handling the infrastructure facilities as the proprietor of both the infrastructure per se and the rolling stock. In the current laws these functions are to be executed by different subjects on a contractual basis, what has been shown in the paper. New contracts mentioned in the article must get legal framework in relation to other modes of transport.
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.
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/