Особенности отечественного государства и права переходного типа в интерпретации теории систем
The article deals with proper using such terms as "system", "nonsystem", "intersystem" as regards the state legal institutionsinconditions of transition from one social system to another. The application of the system theory instudying the state and law for a transitional period is conditioned by the complicated processes taking place in state legal superstructure in the time of changing social systems. Taking into consideration these categories it is possible to comprehend thepeculiarities of coexistence of mutually exclusive state institutions (e.g. the institutions of Presidency and the Supreme Soviet in the USSR in the late eighties and in the early nineties of the XXth century) as well as the reasons of disparity between the republican legislation and the all-union one. The article is devoted to some aspects of constitutional reform of public administration system in the USSR in the late 80's-early 90's of the 20th century.The legal analysis of the constitutional reforms of 1988-1990 is taken as the basis.Particular attention is paid to the qualitative change of executive, legislative, judicial and constitutional organs of state power. It is concluded that the introduction of the institution of the President, the Congress of people's deputies, as well as changing the status of the Supreme Soviet of the USSR and the Constitutional Review Committee have contributed to the destruction of the soviet form of Government and a unified system of public administration.
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/