Пересмотр судебных актов ввиду новых и вновь открывшихся обстоятельств в свете изменения статьи 311 АПК РФ
The judgment of conviction relates to the number of newly discovered facts, on the basis of which may be reviewed by the court decision. Author based on an analysis of judicial practice determines in which cases the sentence is such fact.
The chapter examines the issues related to the revision in force of judical decisions in the exercise of supervisory and newly discovered or new circumstances
The article analyzes legal regulations of the criminal proceeding resumption due to new or newly discovered facts in terms of advantages and disadvantages of this procedure. It explores the nature and content of this kind of judicial proceedings intended to correct miscarriages of justice. According to the author, this mechanism can and should be used for the elimination of judicial errors, not only when there is no more opportunities to correct such errors in cassation or in the court supervision. In this sense, it should not be viewed as a reserve in relation to such proceedings. Despite the widespread opinion, the author tries to prove that there is nothing special or extraordinary about this mechanisms, since it is not used instead of or after other opportunities of judicial revision have been exhausted, but quite independently, i.e. in case of new facts that either appeared after the process or existed before, but were not known to the court. The author sees the opportunities to improve the human rights capacity of the institution in the continuous improvement judicial procedures, elimination of judicial miscarriages as well as in giving the interested parties the right of appeal to the appropriate court with a petition for the revision of the sentence or any other decision, if there are grounds for this.
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/