Перспективы конкуренции норм гражданского и муниципального права
The article considers the ways and forms of competition norms of the civil and municipal law, and their effectiveness. The authors consider civil law from the standpoint of the assumptions of the substitution rules of municipal law. To determine the relationship between the norms of civil and municipal law in the first place, you should contact public and private law, their relationship. Having considered separate legislative acts of the Russian Federation, the authors propose to establish certain criteria that limit the scope of certain provisions of public and private law in regulation of civil relations in municipalities. In the system of local government operates a complex system of horizontal and vertical relations in a certain way providing performance of functions of local self-government, guaranteeing to the population receiving some municipal services.
Autocracies pose a puzzle for students of constitutional politics. While it is tempting to brush constitutions aside as a sham, this chapter draws upon insights from various regions in the world to analyze the role of Belarus’ basic law beyond its failure to limit the government. Due to its information-related properties it contains a political vision and defines the nature of the political community, thus striving to shape the identity of its members. Referenda as the only means to adopt amendments attest to the lasting Soviet legacy and the populist nature of the regime. The de jure and de facto dominance of the presidency in the last two decades has entrenched the state’s discursive hegemony in the public sphere, and the rule-of-law rhetoric functions as a major claim to legitimacy.
quarter of a century has passed since the Constitution of the Russian Federation was adopted in 1993, yet the issue of the results and the prospects for constitutional transformation has not disappeared from the political agenda. For some, the Constitution signifies an ultimate break up with the communist past and a legal foundation for the advancement of the Russian society toward democracy and the rule of law; for the others, it is exactly the Constitution that is the culprit for the authoritarian trend that has prevailed, and for the sustained stagnation in Russia’s economic, social and political development. The author of this chapter is in the middle of these extreme viewpoints. He believes that the Constitution has truly played a pivotal role in Russia’s move toward democracy by establishing the basic principles of civil society and the rule of law, and in this respect, it remains of everlasting and paramount importance. Nevertheless, that does not mean that it should be utterly inaccessible for changes, especially given the elapsed time and the negative experience of the authoritarian transformation of the political regime, the amendments that were introduced between2008 and 2014, and the current objectives of the democratic movement. The rationale for changes is to return to the constitutional principles, reaffirm their initial democratic meaning by rejecting the excessive concentration of the Presidential power, the results of counter-reforms and the adulteration through legislative and regulatory compliance practices. Some of the proposed remedies aim to establish a new form of government (Presidential - Parliamentary), which would necessitate Constitutional amendments — adjustments that would regulate the separation of powers and redistribution of authority. Others seek to transform the system without changing the text of the Constitution through legislative reforms, judicial interpretation and the policy of law. Yet, the third approach prioritizes institutional reforms. Not everything in social development depends on the provisions of the law, political improvisation and practice can prove just as critical. In their cumulative entirety such initiatives can help avoid the two extremes: that of constitutional stagnation gravitating toward the bureaucratic asphyxiation, and that of constitutional populism which has a tendency to destabilize the political system. In its practical activities to transform the political regime, the opposition ought to remember the maximum repeatedly confirmed by experience, — the further a party is from power, the more radical tend to be its constitutional proposals. Conversely, empowered groups tend to be more moderate in their initiatives.
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/