Соотношение понятий унификации и кодификации в современном международном частном праве
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/
Task: currently interest in the study of historical aspects related to the formation of various legal institutions is increased. The least explored issues in the development of international law and international private law, including the article presents historical and legal analysis of the process of legal registration system of international relations in private law sphere, including with the direct participation of the Russian state.
Model: the study of historical and legal analysis of the process of formation of private international law in the Imperial period with the participation of the Russian state, based on primary sources: international legal instruments (treaties) concluded by Russia with different States for a specified period of time and acts of internal legislation regulating the corresponding sphere, and also the scientific works devoted to the study of relevant issues.
Conclusions: the Conducted historical and legal analysis, identified the main issues which have been subject to legal regulation in the international private law of the relevant period and identifies trends associated with the process of formation of private international law, describes the legal consolidation of the relevant provisions of the international treaties concluded by various, mainly European States as well as the ratio of provisions of international law acts of the Russian legislation.
Frameworks of research/possibility of subsequent use of results of scientific work: the study is limited to the time frame and scope of private international law that can be extended from the point of view of the chronological framework and areas of cooperation.
Social consequences: In systematic form, with links to primary sources, describes the process of becoming legal registration of interstate relations in the field of private law within a specified period of time, which makes a contribution to the study of the history of international law in General, including relevant political and legal processes.
Originality/value – the work can be used to study the history of state and law, private international law and other Sciences.
This article is devoted to the Digest of the Laws of the Russian Empire – an embodiment of the operative legal system in late imperial Russia. Even though the Digest contained the law in force, and thus should be studied as a crucial source on Russian (legal) history, its meaning has been often overlooked. The reason for that is a remarkable difference between the original texts of laws adopted by the legislator, and their published form in the Digest. This difference came from the necessary editing procedures when every new piece of legislation was included in the existing system of the Digest. This strange feature of legal procedure when two different versions of a particular law – the original one and the one codified in the Digest – both remained in force should be considered as a part of official autocratic legality in late imperial Russia. Even though it may seem inefficient and irrational, the practice of obligatory codification of laws in the Digest existed for a rather long time – from 1835 until 1917. My research aims to find possible explanations for the Digest’s prolonged existence in the context of political and legal culture of late imperial Russia. What did Russian ‘official legality’ actually mean on the levels of theory and action?
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