Временное отстранение от должности (ст. 114 УПК РФ)
In accordance with point 1 article 37 of the Constitution of the RF every person has the right to freedom of disposal of his abilities to labor, choose the type of activity and profession. Evidently limitation of these rights is possible only on the basis of judicial decision. These provisions have been developed in branch legislation therefore the rules of limitation of the right to labor at the stage of preliminary investigation on criminal cases received a detailed regulation in article 114 of the Criminal Procedure Code of the RF.
отстранение от должности, ходатайство, суд, рассмотрение дела, УПК РФ, обвиняемый.
removal from office, petition, court, consideration of the case, Criminal Procedure Code of the RF, accused.
Upsurge of protest activities at the dawn of the first decade of this century coinsided with a new wave of political development. Protest can be associated with a new (the 5th ?) wave of democratization and to that effect with reshuffle of institutions and practices of democratic accountability. Conceptualization of protest may help to reshape democratic accountability. Still the cognitive scheme of protest remains unacknowledged by majority of protesters themselves. The article reconstructs notion of justification and enforcement of one’s rights dating back to Roman law and expressed by the terms provocatio and protestatio. Christian idea of Covenant and Testamentum enrooted appeal to higher authority for redress of grievances. The idea was further developed by Protestants. They employed trilateral cognitive scheme of two pleaders and an arbiter. Further revolutionary upheavals led to reduction of the scheme to binary (left-right) models. Present day discourses provide two models of protest: (1) binary schemata of non-conventional and obstinate protest, and (2) trinary schemata of appeal to outside arbiter, e.g. public opinion, international community etc. for restoration of violated norms. The inner forms and cultural implications of petition, demonstration and manifestation are vital for meaningful understanding of protest actions and to further reshaping democratic accountability.
The article reveals the history of the adoption of one of the first documents on human rights, the Petition on the Right of the English Parliament, which, like the Magna Carta, secured the essential limitations of royal power.
The author of the article on the basis of analysis of examples from judicial practice tries to draw the readers’ attention to the problems related to a new type of judicial proceeding — «On Special Procedure of Taking Judicial Decision in Conclusion of Prejudicial Agreement of Cooperation» (Chapter 40(1 of the Criminal Procedure Code) and proposes to evaluate the consequences of decision taken by the judge in the part of punishment for participants of procedure.
The numerous verdicts on the cases with pre-judicial agreements on cooperation have entered into force. The analysis of these documents allows: firstly to reveal problems inherent for the new type of judicial proceeding, secondly, evaluate the consequences of application of chapter 40-1 of the Criminal Procedure Code of the RF for participants of the procedure. The reader is presented with four articles which analyze judicial practice.
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/