In many countries, including Russia, models of bilateral investment treaties (or models BIT) have been approved, on the basis of which specific treaties between different countries are then concluded. In this article, the author examines several «schools» of bilateral investment treaties: American, European, and Asian. The study is based on an analysis of the practice of concluding bilateral investment treaties by foreign countries.
The main idea of this article is focused on the new phase of the state programs of investment treaties, which includes the analysis of new models of bilateral investment treaties and invalid old models of treaties of this kind. It ends up with an assessment of the effect which new models BIT can produce on future investment contractual relations between economic entities and the receiving investments of states.
The category principles of international law is researched in the article, determined that the need to distinguish between two groups of the basic principles and special. Set along with the principle of autonomy of the will and of the principle members of a particular provision of such regimes is. It is proved one of the basics in the relations regulation in the network of WTO is the principle of the most-favoured-nation which ensures the equality of law regimes given to any third party countries as well as directed to prevention of discrimination for benefit of one or several states. Pointing out that this principle follows from the existing bilateral trade agreements between states, as well as subsequent decisions adopted at the WTO. However, the most favored is the "invention" of the World Trade Organization, and has a long history in this connection, consider the initial stage of the formation of the start in foreign relations, particularly with regard to our state. The article gives a historical and law analysis of the process of forming and introduction the principle of the most-favoured-nation to international law relations. During the reign of Peter I the relations connected with foreign trade should be regulated at the level of complex international treaties. Initially, the article that regulated exchanges in contracts of political issues, including peace treaties. As for the trade agreements signed by Russia with other countries in this period, then they are characterized by the widespread use of Russia most favorable conditions. The authors concluded from the analysis of the basis of international agreements, which originally applied to the most-favored right merchants to come, to transport goods, to buy and rent a home, hire assistants, sailors, and to many others, that is, applied to the relationships of a private law character, but did not extend fully to the duties and tariffs. The article shows an international practice of using the principle of the most-favoured-nation in international agreements. Development tendencies and a significance of the researched principle for foreign-trade relations, the difference and the correlation between the most-favoured-nation regime and national regime are researched and singled out in the article.
Nonprofits play a growing role in social service delivery as a result of privatization of local public services through contracting out by the public sector. This paper explores a competitive bidding process in eight regions of Russian Federation where local governments entered into during 2011-2012. The author reviews reasons to involve nonprofit organisations in a quasi-market as local government social service contractors. The non-distribution constraints and mission of nonprofits organizations tend to preclude exploitation of purchasers and consumers. Thus, this type of social services providers can be more appropriate for needs of the society. Then bidding documents have been analyzed in terms of a type of providers’ ownership, public or private one, levels of nonprofits activity and nonprofits’ competitiveness. The findings indicate considerable discrepancies between numbers of social services competitive tenders in the regions in question. Types of social services that the local governments procure vary significantly from region to region. They range from strictly standardized services to credence ones. These differences are supposed to be an essential factor of nonprofits’ participation in procurement because of characteristics of nonprofit organizations. The most active nonprofits’ involvement has been found out in regions where procured services are the same the nonprofits usually produce. Three types of nonprofits’ behavior in the regional quasi-markets have been discovered. Firstly, they take an active part in the competitive bidding and compete with business and public organizations successfully. Secondly, they actively participate in this process but compete with similar producers only. Finally, they are rather inactive as potential local government contractors.
The article is devoted to the study of the authoritarianism prevalent in the mass consciousness of Russians. The article describes a new approach to the consideration of the authoritarian syndrome as the effects of the cultural trauma as a result of political and socio-cultural transformation of society. The article shows the dynamics of the symptoms of the authoritarianism, which appear in the mass consciousness of Russians from 1993 to 2011. This paper proposes a package of measures aimed at reducing the level of the authoritarianism in Russian society.
This work looks at a model of spatial election competition with two candidates who can spend effort in order to increase their popularity through advertisement. It is shown that under certain condition the political programs of the candidates will be different. The work derives the comparative statics of equilibrium policy platform and campaign spending with respect the distribution of voter policy preferences and the proportionality of the electoral system. In particular, it is whown that the equilibrium does not exist if the policy preferences are distributed over too narrow an interval.
The article examines "regulatory requirements" as a subject of state control over business in Russia. The author deliberately does not use the term "the rule of law". The article states that a set of requirements for business is wider than the legislative regulation.
First, the article analyzes the regulatory nature of the requirements, especially in the technical field. The requirements are considered in relation to the rule of law. The article explores approaches to the definition of regulatory requirements in Russian legal science. The author analyzes legislation definitions for a set of requirements for business. The author concludes that regulatory requirements are not always identical to the rule of law. Regulatory requirements are a set of obligatory requirements for entrepreneurs’ economic activity. Validation failure leads to negative consequences.
Second, the article analyzes the problems of the regulatory requirements in practice. Lack of information about the requirements, their irrelevance and inconsistency are problems of the regulatory requirements in Russia.
Many requirements regulating economic activity are not compatible with the current development level of science and technology. The problems are analyzed on the basis of the Russian judicial practice and annual monitoring reports by Higher School of Economics.
Finally, the author provides an approach to the possible solution of the regulatory requirements’ problem. The author proposes to create a nationwide Internet portal about regulatory requirements. The portal should contain full information about all regulatory requirements. The author recommends extending moratorium on the use of the requirements adopted by the bodies and organizations of the former USSR government.