Проблемы судебных споров о статусе территорий общего пользования
The article provides an analysis of judicial practice regarding the status of public realm. The author points out the existence of “wide” and “narrow” approaches to the interpretation of the issue of the formation of such territories and criticizes the “narrow” approach based on the requirement to draw up a site with building lines in the territorial planning documents. According to the author, it is incorrect to make the implementation of subjective public right, including the right to use public spaces, dependent on the execution (non-fulfillment) by an official of formal actions that the holder of rights cannot influence. Information about the building lines should be assessed by the court along with other evidence. In such cases, the court should base its findings on a key feature of public realm: its use by an unlimited number of persons in the common interest.
This article is about the problems arising at the decision of a question on a recognition of socially dangerous act insignificant, are considered and ways of their decision with a view of protection of interests of the victim are offered.
The main focus of this paper is the problem of the child’s access to the fair trial. For the first time this problem is considered within the context of the civil litigation. With this in view the author studies Russian legislation and practices in the field of child's access to the participation in the civil cases. Further, the detailed overview of the European convention on human rights and fundamental freedoms provisions regulating access of the child to the Court and Court’s decisions and judgments on the issue is given to demonstrate the Court’s approaches to this problem.
The articles included in the collection allow us to comprehensively assess the achievements of the reform of the judicial system, its current state, the problems of reforming civil and arbitration procedural legislation, criminal law and procedural problems of protecting private and public interests, as well as proposals for improving the judicial system and judicial proceedings from historical and theoretical, socio-humanitarian, communicative, educational, sectoral and other aspects.
The paper studies the tendencies in police and judicial response to crime in the context of the new Russian capitalism. The results show that the police evade the objective analysis of crime, evaluating only its current situation (within a year) and resorting to misrepresentation of statistical data to insinuate that they are more effective in solving cases than they are. Judicial practice, in turn, vividly demonstrates the selective (class) approach to prosecuting “blue-collar” criminals, on the one hand, and “white-collar” criminals, on the other. Based on the findings this research provides a scientific toolkit to research the mechanism of judicial response to crime.
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/