Фундаментальное исследование вопросов юридической техники. Рецензия на книгу: Доктринальные основы юридической техники. Отв. ред. Н.А. Власенко. М., 2010. 368 с.
"10.07.27 Философские проблемы государства и права
10.07.31 Социология права
10.07.61 Теория права
10.09.91 История государства и права отдельных стран
In the modern globalized world almost all the transactions involve a foreign element which inevitably leads to the disputes arising in a foreign country. This is old news for Russian citizens and companies who find themselves more often than ever in the middle of litigation abroad. However, lawyers are well aware that winning a lawsuit is not the end – seeking recognition and enforcement of the judgment is the next step. Enforcing judgments in Russia is a tricky business, the one that many are not ready to encounter. Although Russia is a party of about thirty agreements on mutual recognition of the foreign judgments, there are no such agreements with major European countries or America. In such cases, the principles of comity and reciprocity come into play. Even if there is a legal basis for recognition, then when is the court allowed not to recognize or enforce it? Russian foreign policy does reflect the need for establishing a new level of connection with the countries of the world community by enhancing economic, trade and cultural relations. As a prerequisite for this though, Russian legislation must adequately protect the rights and legitimate interests of foreign partners. Certainty of a result is what attracts businessmen, especially foreign investors. Therefore, the law on recognition and enforcement of foreign judgments (hereinafter - REFJ) must lead to a stable and predictable outcome. This paper is dedicated to analysis of the current Russian legislation, judicial decisions on REFG as well as writings of scholars on the existing problems obstacles and problems. Moreover, here will be discussed the peculiarities of the law of the United States of America on the recognition and enforcement of foreign-country judgments.
This collector contains international conference papers on legal theories. Papaers are related to a problem of symbolic and attributive entity of law. This problem is tried to solve in perspectives of legal phylosophy, history, techniques as well as in perspective of different branches of law.
Collected papers may be of law researchers, teachers, postgraduates and students interest.
One of the most groundbreaking sociology texts of the mid-20th century, Howard S. Becker’s Outsiders is a thorough exploration of social deviance and how it can be addressed in an understanding and helpful manner. A compulsively readable and thoroughly researched exploration of social deviance and the application of what is known as "labeling theory" to the studies of deviance. With particular research into drug culture, Outsiders analyzes unconventional individuals and their place in normal society. (Simon and Schuster)
Enforcement outcomes against excessive pricing in Russia are controversial. Since many infringement decisions do not sustain judicial review, there is a recent shift from ex post intervention to ex ante price remedies by competition authorities. The objective of this chapter is to show that modest enforcement records are explained by the absence of convincing standards for price excessiveness but not by the weakness of theories of harm. The analysis of the Russian competition authority’s decisions involves three aspects, including enforcement targets, standards for establishing excessive margin, and reasons for court decisions. The competition authority develops guidelines to prove excessive pricing which do not convince the courts. Thus, the development of a reliable test is of high importance.
The paper studies collective preferences of the financial self-regulatory organizations (SRO) with regard to financial market inefficiency. A model of financial industry professionals' combined utility dependence on their collective preferences parameters was analyzed. It was determined that it is unreasonable to allocate enforcement regulatory powers to SROs, because proper SRO enforcement contradicts to the commercial interests of its members. But, simultaneously, the commercial interests of the industry professionals are aligned with SRO rulemaking interests. SRO can be a highly efficient institute in regulatory rules and financial market infrastructure design. It is also shown that the proposed parameters of the US SROs' activity are closely related to the World Bank US governance indicators. It was determined that these parameters are institutional in their nature and can serve as indicators of the financial market regulatory system quality.
Quantitative data on introduced bills and adopted laws for 20 years of work of the Russian parliament. The subjects of the bills submitted to the State Duma are presented. The essence of rulemaking (concept, principles, etc.) is revealed. Important in both theoretical and practical importance is the section on the stages of the rule-making process. The concept and types of systematization are considered. A separate section is devoted to the concept and main types of legal techniques.
The paper deals with the collective behavior of the US financial industry professionals. A relative majority voting procedure is proposed as a means of their preferences aggregation. Parameters of the US SRO activity that are based on the quantitavely revealed SRO preferences with regard to market efficiency are introduced and studied. The relationship between these parameters and the functions of representative investor risk aversion is also considered. It was shown that the parameters can serve as market integrity indexes.
Monograph is devoted to the functional activity of the ministries of the Russian Empire on the creation of normative acts of subordinate regulatory and legislative character. In the work the traditions of the development of historical forms of regulatory rule-making are determined. The place of the ministries in the implementation of the legislative process of the Russian Empire is denoted. The problems of correlation of normative competence of the ministries and of other subjects of law-making activities of the Russian state in 19 - the beginning of 20 century, including the monarch, the State Council and the State Duma are explored.
The publication is addressed to researchers, students, postgraduate students, teachers of high school, all interested in the problems of law, management and lawmaking.
The results of cross-cultural research of implicit theories of innovativeness among students and teachers, representatives of three ethnocultural groups: Russians, the people of the North Caucasus (Chechens and Ingushs) and Tuvinians (N=804) are presented. Intergroup differences in implicit theories of innovativeness are revealed: the ‘individual’ theories of innovativeness prevail among Russians and among the students, the ‘social’ theories of innovativeness are more expressed among respondents from the North Caucasus, Tuva and among the teachers. Using the structural equations modeling the universal model of values impact on implicit theories of innovativeness and attitudes towards innovations is constructed. Values of the Openness to changes and individual theories of innovativeness promote the positive relation to innovations. Results of research have shown that implicit theories of innovativeness differ in different cultures, and values make different impact on the attitudes towards innovations and innovative experience in different cultures.
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/