Поиск федерально-субъектного консенсуса в конституционализме: опыт Канады
The article aims to analyze regulatory specifics of relations between the federation and its constituent entities in Canada in terms of achieving and maintaining a minimal consensus between them. The tasks are: to consider regulation of powers belonging to federal center and its constituent entities based on the evolving and unconsolidated multi-act Constitution; to investigate the role played by constitutional agreements and judicial precedents in the constitutional evolution of a modern federal state; to characterize the contribution of independent actions of the provinces to the development of the country. The research is based on logical, systemic, formal legal and comparative historical methods. The results are: extensive factual material, that hasn't previously used in domestic constitutional legal science, is put into academic circulation; the connection between the affirmation of Canada's sovereign rights in relations with the United Kingdom and recent trends towards a certain consolidation of the Federation's position in its relations with the constituent entities are revealed. The article estimates ways to modernize relations between federation and its constituent entities in the constitutional mechanism of Canada. The specificity of the Canadian Charter of Rights and Freedoms is assessed through its impact on relations between the federation and the provinces. The status and activities of the newly created in the 2000s the Canadian Council of the Federation — instead of federal-provincial conferences — is analysed; the place it occupies in the constitutional mechanism of the country is evaluated. The article also contains an analysis of modern attempts to update the reform of the upper house of Parliament — the Senate of Canada, which cannot cope with the fulfillment of its main function — protecting provincial interests in order to optimize relations between the federation and peripheral provinces. Independent actions of the Canadian provinces in the field of international relations are considered based on legal practice
The paper discusses some aspects of Russian modernization in the framework of the basic ideas of contemporary educational philosophy. The article analyses the issue of the Russian University and the competence-based education in Russia. The author introduces the notion of «Innovative University» to show a powerful trend in the Russian modernization ideology, its politics of innovation economics and technological “break through”. According to the author, the Innovative University accumulates the social, economical and intellectual resources of the Russian society, and it is both the source and the model of innovative development in Russia.
This paper deals with professional / non-professional degree of academic discourse by analyzing cognitive metaphor models in the English written texts produced by students with different competence in economics. It distinguishes a set of features that characterize academic and professional discourse. It also focuses on the problem of developing professional competence in economics.
The article is devoted to the development of the principles of communicative strategies typology construction which is considered to be a method of scientific research of individuals' communicative interaction.
The monograph reflects a new look at the professional training of students of managers in a modern society with the use of project activities. Based on a detailed theoretical analysis of existing approaches to project activities, analysis of domestic and foreign practice of implementing project activities in the university, the author suggests the concept of organization of project activities in the process of professional training of management bachelors.
The monograph is addressed to teachers of higher education, post-graduate students, students of retraining and advanced training of scientific and pedagogical staff, heads of educational institutions of higher education.
The collection of materials of the XI International Scientific Conference «Global Science and Innovation» is the research and practice edition which includes the researches of students, graduate students, postdoctoral students of Europe, Russia and other countries. It is intended for students, teachers, graduate students and people who areinterested in contemporary science.
The study dwells on the problem of interaction between North American legal doctrine and codifications of private international law in the state of Louisiana and the Province of Quebec. Covering both classical and modern USA schools of thought in the area of conflict of laws, the article also includes a comparative analysis of Book IV (Conflict of Laws) of Louisiana Civil Code and Book X (On private international law) of Quebec Civil Code respectfully. On comparing these acts, the authors dwell on a thesis that, in spite of the obvious similarities between respectful legal systems, one cannot state undoubtedly that American doctrine of private international law has been recepted by abovementioned codifications in equal measure. Therefore, despite all the similarities, the doctrinal traditions on which they are respectfully based are actually different.
In July 2014 amendment to the Federal Law #131-FZ dated on October, 3, 2003 “On the general principles of the organization of the local self-government system in the Russian Federation” set out a typology of municipal formations for urban areas. For designing a new model two legal practices were used: the procedure of forming representative body of municipal district without municipal elections and the organization of LSG in federal cities. From 2003 till 2014 only two cities in RF had internal city entities with the status of local authorities – Moscow and Saint-Petersburg. The cities have the status of the subjects of the Russian federation. In comparison to other subjects Moscow and Saint-Petersburg have the additional competence in terms of establishing the financial basis and organizational structure of local authorities by regional acts in accordance with the federal legislation. The reason for this was the necessity to manage the city economy as a whole and to avoid its fragmentation. No other Russian cities (in spite of the territory and even with more than one million populations) had the same structure. The extension of Moscow capital city territory was realized by accession of some municipalities of the Moscow region (Moscovskaya oblast’). In accordance with the federal legislation their competence was broader than those of Moscow local municipalities. The organizational structure, competence and financing are the milestones of any LSG system. Thus, the balance and coherence between “New Moscow” and “Old Moscow” municipalities will be seen through these characteristics.
In this Chapter a system of international labour standards is described and fundamental internationally recognized principles and human rights related to labor are analyzed.
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/