Отказ от исполнения правовой обязанности по соображениям совести и религиозным убеждениям: критерии оценки и защита убеждений личности
The article is dedicated to the search and analysis of rational criteria for evaluating conscientious objections to the performance of a legal obligation on grounds of conscience and religious beliefs, which should guide public authorities (both legislative and judicial) in the process of improving legislation and adjusting judicial practice in order to recognize a fair degree of legal protection of beliefs.
The article discusses the problems of restricting human rights and freedoms when introducing mandatory vaccination from COVID-19, analyses the arguments for and against the justification for granting the right to refuse vaccination and judicial practice on this issue in a comparative perspective.
The article is devoted to the problem of regulation and implementation of the doctor’s right of conscious objection to provide medical services for religious reasons. The author carries out a consistent analysis of the conflict between the right of a doctor to refuse treatment and medical procedure in accordance with his religious beliefs, the special responsibility of the medical professionals and the right of every patient to timely access to medical care.
This paper considers subjective beliefs in luck application to the theory of decision making under risk. Economic and psychological literature on this subject is analyzed in order to provide foundations and methodological guide for this application. It is also shown why ignoring these beliefs may result in significant biases for empirical analysis. Particularly it is shown that this ignoring may bias risk aversion parameters in individual utility function: risk averse person can be mistaken for risk loving one and vice versa. Finally, it is concluded that it is possible to apply beliefs in luck to decision making theory using concepts of subjective probabilities and stochastic dominance.
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/