Метод конституционного права и конституционная экономика
Collection contains publications of the conference members from Belarus, Uzbekistan, Serbia, Russia and other countries, of public authorities and non-commercial entities, young scientists, students and candidates for a master’s degree. It considers new theoretical and empiric materials of theoretical-cognitive, analytical, practice-oriented nature. The material could be considered in practical, research and educational activities, as well as a recommended supplementary material for independent study. Articles of the conference members are published in author’s edition.
The article represents the retrospective view of J. Bentam’sideason the state, law, moral and their historical dependence. The assumption is made on the relevance of the thinker’s ideas to modernize the political and legal life in Russia including those on legal laws.
This short analysis of the case-law of the RF CC allows distinguishing several pivotal axes around which is centred the argumentation of that Court. First, it is the constitutional order that delimits the freedoms of legal subjects with some mandatory requirements and this way makes triumph the collective over the individual. In the same vein the Court agrees to restrict the freedoms for the sake of national security that guarantees survival and development of the society. Nonetheless, collective rights are not equivalent to the collective interests (volonté générale, if to follow the terms of J.-J. Rousseau), these latter are represented not by collectives but by the State that stands both over the individuals and the collectives. The State may in its activities be guided by the underpinning social conventions, but this guidance is limited by the principle of reasonableness following which the State (in fact, its agents) can decide about the extent to which they are ready to recognise these social conventions as reasons for action. It can be interfered that in this aspect one may assert that in the reasoning of the RF CC the collective interest prevails over the individual one, and the both are subordinated to the reasonable guidance of the State.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Russia provides essential information on the country's sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure.
Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance.
Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Russia will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.
This paper is a review of "Philosophy of Law" (Vol. 1), the book written by the outstanding Canadian legal philosopher Bjarne Melkevik
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/