Выключенный механизм:сдержки и противовесы в российской конституционной практике
This tutorial textbook is dedicated to normwriting as an independent science and consists of two parts. In the first (general) part are sanctified general theoretical problems of normmaking and norm-setting legal technique. The second part of (special) is devoted to technology standards-related activities and serves as a guide to the preparation of a variety of technologies of various types of normative legal acts. The textbook is designed for students of the course normografii, and may also be useful to deputies, state and municipal officials, researchers, teachers and anyone interested in the problems of standard-setting and legal monitoring.
About the Russian Federation Court System: its current state and future development prospects.The author analyses the current state of the Russian Court System and its future development prospects in the article. A whole number of measures concerning the Court System development is proposed. These measures include: clear definition of «the Court System» notion; organization of the separate second instance Courts for magistrates in the regional centres; the domestic constitutional justice arrangement; inter-regional and district Courts creation. The legality of restrictive provisions of distribution agreements under Russian civil legislation is frequently disputed by lawyers. However treatment of these provisions as an example of negative obligations may be used as an argument for their validity. Moreover the answer to the question, whether such provisions should be found as restricting legal capacity of the parties to the agreement or not, depends on the level of certainty of these provisions in the agreement.
development of the Court system; federalism; magistrates; Constitutional Сourt; specialization; inter-regional court; district court
distribution (distributorship) agreement, restrictive provisions, negative (passive) obligations, restriction of legal capacity
Problems of strengthening of law and order and criminality counteraction are regarded from an unordinary point of view. It includes the following parts: 1. State power, law and order and criminality counteraction as an indivisible complex of problems. 2. Measures of esthetic character. 3. Measures of rational character. 4. Measures of orientation character.
The author analyzes the features of the Russian law school, in particular, considering the difference in the interpretation of the "rule of law" and "law-bound state" concepts , the differences in lawyers mentality and circumstances of the experts selection process in competent state bodies.
As an example of the interpretation differences the author provides a detailed analyzes of the Russian Constitutional Court decision on the constitutionality of the treaty between the Russian Federation and the Republic of Crimea on the adoption of the Republic of Crimea to the Russian Federation and the formation of new subjects within the latter.
In the third edition of the textbook light out the issues of modern constitutional law of Russia. It has been prepared in accordens with educational standerts. It is recomended to students and teachers of law faculties, political scientists, economists, experts of the public administration
The paper shows that the effectiveness of fighting crime could be considerably increased through supplementing the traditional law enforcement activities as exercised by the special authorities (internal affairs departments, prosecutor's offices, etc.) with the activities of state power bodies with general jurisdiction that would be specifically aimed at protecting legal order against crimes with the assistance of different civil society institutions and the community.
The paper examines the structure, governance, and balance sheets of state-controlled banks in Russia, which accounted for over 55 percent of the total assets in the country's banking system in early 2012. The author offers a credible estimate of the size of the country's state banking sector by including banks that are indirectly owned by public organizations. Contrary to some predictions based on the theoretical literature on economic transition, he explains the relatively high profitability and efficiency of Russian state-controlled banks by pointing to their competitive position in such functions as acquisition and disposal of assets on behalf of the government. Also suggested in the paper is a different way of looking at market concentration in Russia (by consolidating the market shares of core state-controlled banks), which produces a picture of a more concentrated market than officially reported. Lastly, one of the author's interesting conclusions is that China provides a better benchmark than the formerly centrally planned economies of Central and Eastern Europe by which to assess the viability of state ownership of banks in Russia and to evaluate the country's banking sector.
The paper examines the principles for the supervision of financial conglomerates proposed by BCBS in the consultative document published in December 2011. Moreover, the article proposes a number of suggestions worked out by the authors within the HSE research team.
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/