Административные иски об обязанности воздержаться от совершения определенных действий
The article is devoted to a new type of lawsuits - the obligation of the administrative defendant to refrain from committing certain actions, which appeared with the adoption of the new Code of Administrative Court Procedure of the Russian Federation. The article explores how such issues are reflected in the latest courts’ practice. The author points out that these lawsuits can be considered as “strategic litigation”. Such type of lawsuits is a progressive method of judicial remedy, as they allow solving urban problems for many residents at once. For example, claims with requirements to refrain from construction; protection of the rights of persons with disabilities; challenging the refusal to hold public meetings; lawsuits against the demolition of commercial facilities; the requirement to refrain from committing actions to restrict access to public spaces; and a number of others.
This paper is primarily focused on issues of the participation of city residents as interveners in Russian commercial proceedings. The article explores how such issues are reflected in the latest courts’ practice, especially on the cases based on the chapter 24 “Proceedings in cases on challenging of decisions made, actions (inaction) fulfilled by state authorities” of the Code of Commercial Procedure of Russian Federation.
The author critically assesses a practice of courts’ refusal to allow city residents to intervene to the proceedings against the Federal Service for State Registration, Cadastre and Cartography (Rosreestr) and emphasizes that city residents should be permitted to intervene to protect their rights and interests.
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/