Delimitation and Correlation of Civil and Administrative Legal Proceedings: Qualification Problems and Criteria
This article is devoted to the problem of delimitation and correlation of civil and administrative manners of proceeding. The purpose of the research is to define clear criteria to delimit the civil and administrative legal proceedings to increase the efficiency of civil and administrative legislation regulations when solving disputes connected with the violation of rights, liberties and legitimate interests of an individual. The said is based on the hypothesis that the scope of public-administrative relations is wider than the scope of relations that are governed by the norms of administrative law. Classification problem in the study is considered in the context of defining proceeding manners (administrative or civil). Besides, the cases of courts of general jurisdiction have served as a research base. The author suggests some criteria models for delimiting administrative and civil court proceedings by the legal classification between the parties as well as by the suit character of stated claims. The latter in the future might lead to the formation of new, more accurate methods of applying administrative norms and a reduction in the number of precedents for incorrect proceedings.
This book provides a comprehensive overview of the norms and practices of ethnic diversity management in the Russian Federation in the last twenty years. It examines the evolution of the legal framework, the institutional architecture and the policies intended to address the large number of challenges posed by Russia's immense ethno-cultural diversity. It analyses the legal, social and political changes affecting ethno-cultural relations and the treatment of ethnic minorities, and assesses how ethnic diversity both influences and is shaped by transformations in Russian politics and society. It concludes by appraising how successful or otherwise policies have been so far, and by outlining the challenges still faced by the Russian Federation.
This publication was prepared by the Commission for the Examination of Socially Significant Bills and Other Legal Initiatives (K.A. Korsik) together with a Working Project Group (N.V. Bushtets and S.A. Pashin), established on the basis of the Higher School of Economics in 2021. The book contains information for citizens who are involved in the administration of justice as jurors. It explains the rights and obligations of jurors, provides information about the guarantees and compensations provided to them, describes the procedural procedure for considering criminal cases, and talks about security measures and protection of jurors. The book may be of interest to judges, employees of the courts and the Federal Bailiff Service, prosecutors, investigators, lawyers, employees of legal entities, employees of organizations providing legal services, employees of state authorities and local self-government bodies, representatives of the scientific and expert community - lawyers, psychologists, sociologists, as well as human rights defenders, students and postgraduates of humanitarian universities. The book is intended not only for jurists and candidates for jurors, but also for a wide range of readers.
The issues related to administrative legal proceedings are considered in publications with ever increasing frequency that is caused by the implementation of administrative reform in Russia. Questions about the concept, nature and location of the proceedings in the legal system of the Russian Federation are very controversial, both in terms of science and the practice. Problems in the concerned field of legal regulation have attracted the attention of Russian scientists-processualists as long ago as the XIX century. In the Soviet period, the term "administrative justice" was widely used. Today, the legal doctrine of the Russian Federation offers a variety of approaches to understand the essence of the administrative legal proceedings. In particular, certain group of scientists defines it in terms of the bodies authorized to resolve disputes of individuals and organizations with the authorities, the other one defines in terms of administration control of the authorized bodies and the third group suggests considering the concept of "administrative justice" in a broad and the narrow sense. Differences in attitudes and ambiguous understanding of this concept in the legal literature is related to the variety of its particular diversities, which derived due to historical, socio-economic and political factors in each country.
The paragraph is devoted to the historical and legal analysis of the legal (judicial) policy of the Russian state of the XIX century in the context of the development of international law on the example of civil proceedings. The author describes the categories of legal policy and legal policy, determines that since the XIX century legal policy, including judicial, should be investigated in the framework of the interaction of national and international law, describes the judicial policy of the Russian empire of that period in terms of civil proceedings in the context of the relationship between national and international law.
The article considers the main purpose of administrative law, which should be expressed in ensuring the balance of legitimate interests of all participants of administrative legal relations. It is shown that in administrative law the correlation of public and private interests is achieved not only through legal regulation, but also within the framework of administrative proceedings. The article analyzed the new provisions of the Code of Administrative Proceedings of the Russian Federation is being carried out and it is shown that legal approaches to ensuring balance of the state and private interests in administrative process have changed.
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/