Отказ законодателя от термина "подведомственность" или уязвимые правила "новой" подсудности: что дальше?
The article highlights contemporary issues of civil procedural law and arbitration process. The author analyzes the latest changes in the procedural legislation-the rejection of the term "jurisdiction", and relevant scientific works on the problem of establishing jurisdiction, which early propose ways to get access to justice for citizens and legal entities. The replacement of the term "jurisdiction" with the terms "competence" and "jurisdiction" will cause confusion of the conceptual framework both in practice and in theory. The law shell be shall be governed and construed the transfer of the case the absence of the jurisdiction of the court from one system of courts to another. This rule, together with the procedural prohibition of disputes on jurisdiction between the courts, makes the defendant's subjective right to be tried by the court to whose jurisdiction it is assigned by law vulnerable. The author analyzes the regulation of the other countries jurisdiction over a dispute and pre-revolutionary procedural legislation . Disputes about jurisdiction are universally allowed, moreover, the procedure for resolving conflicts of jurisdiction by a higher court is fixed. The author comes to the conclusion that the difficult issues of the jurisdiction’s rules should be provided to a particular judicial body (court of justice) or strengthen the system of guarantees of the parties in the case.
The article deals with the issues of responsibility in civil procedural law from the point of theory and methodology of the contemporary jurisprudence. The article gives a new interpretation of the system of legal responsibility and the role of the civil procedural responsibility in this system. The mechanism of procedural responsibility is interpreted through the concept of contempt to court.
The already existing in the learned community manifold positions on the matter of the nature of the legal relationship in the enforcement proceedings are represented in the article.
The textbook in accordance with state educational standards sets out the main provisions of an in-depth course on Private International Law. Volume 1 deals with the General part of Private International Law theory - the concept, object, system, method, sources. Volume 2 examines specific branches of private international law - the law of persons, international property law, international contract law, private international transport law, private international currency law, international intellectual property law, international tort law, international inheritance law, international family law. Volume 3 highlighted procedural and substantive procedural industry in the system of private international law: international civil procedure, international commercial arbitration, cross-border insolvency (an international bankruptcy law) and international notarial law. All theoretical constructs are illustrated with examples from judicial practice, legal norms and international legal instruments. Analysis of Russian legislation takes into account all the innovations made in the relevant legal acts. For bachelors, undergraduates, graduate students and professors of universities and law faculties of universities and other educational institutions, specializing in international business; economists and legal practitioners.
Instrument for settling disputes in international investment law is fixed in the Washington Convention of 1965 on settlement of investment disputes between governments, individuals and legal entities of other countries. International Centre for Settlement of Investment Disputes, established under the convention, provides conditions for conciliation and arbitration due to different conflicts between negotiating parties. The article covers the process of forming conciliation commission and arbitration court. The litigious procedure is described in detail. The article also stresses obligation of enforcing arbitral awards except for cases provided by the convention.
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/