Юридические источники конституционных проектов Франсиско де Миранды
The article deals with three constitutional projects of Francisco de Miranda, distinguished Venezuelan. It is devoted to analyzes of the characteristics of the project of 1798, based on the experience of British constitutional law and public law of Ancient Rome. Special attention is focused on provisions of the projects of 1801 and 1808: on temporary public power during the war of colonies for independence from Spain and on federal government after the liberation. F.Miranda used for these projects a constitutional experience of many countries. One of the sources of his intellectual reflection was the constitution of Ancient Rome, the most important elements of which were people`s assembleis and magistracy. These institutes were adopted by F.Miranda and creatively impleamented according to specific conditions of Ibero-America.
The article deals with the influence of Spanish Constitution in 1812 to constitutional ideas and projects of the Decembrists. It is represented in the historical context of the interest to foreign constitutional experience of Russian society in the first quarter of the XIX century. The author analyzes the impact of the Constitution of 1812 to the ‘Russkaya Pravda” (Russian Truth) written by P.Pestel, one of the leaders of the Southern secret society, which is detected in borrowing some ideas for the design of the constitutional and legal institutions. Particular attention is given to the constitutional draft of N.Muraviov, a member of the Northern secret society. All three editions of his projects were influenced by the Constitution of 1812. It is noticed in following: first, in the literal reproduction of the two articles of the Spanish law in the first and second editions, and secondly, the Spanish experience was borrowed in all three editions of the project to formalize various constitutional institutions (the status of the emperor, the right to vote and others).
The article presents newly discovered eight letters from the Venezuelan revolutionary Francisco de Miranda (1750–1816) to the Governor of Trinidad in 1804–1811 Thomas Hislop (1764–1843), dated from September 3, 1807, to January 4, 1811. The author made this discovery in October 2015, in the manuscript division of the National Library of Scotland (Edinburgh).
The article is devoted to the problems of by-law making activity in the Russian Empire in XIX century. The accent is made on identification of particular forms of published ministerial executive rules. The status of these by-law forms is considered to be determined by the Tsar's will and the ministry authorities according to the juridical characteristics, goals etc.
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.
We address the external effects on public sector efficiency measures acquired using Data Envelopment Analysis. We use the health care system in Russian regions in 2011 to evaluate modern approaches to accounting for external effects. We propose a promising method of correcting DEA efficiency measures. Despite the multiple advantages DEA offers, the usage of this approach carries with it a number of methodological difficulties. Accounting for multiple factors of efficiency calls for more complex methods, among which the most promising are DMU clustering and calculating local production possibility frontiers. Using regression models for estimate correction requires further study due to possible systematic errors during estimation. A mixture of data correction and DMU clustering together with multi-stage DEA seems most promising at the moment. Analyzing several stages of transforming society’s resources into social welfare will allow for picking out the weak points in a state agency’s work.