Принципы римского права в советских конституциях.
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 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.
In his article Vladimir Kantor explores the destiny of Russia intelligentsia within the context of cultural crisis that took place at the turn of XIX and XX centuries, analyzing the Vekhovs, a group of leading intellectuals who ran a collection of essays, titled "Vekhi", studying their relationship towards that Russian cultural phenomenon. To author, the intelligentsia is considered as a critical factor in the development of Russian history. Within a context of the struggle around the "Vekhi", by referring to famous philosophical and literature books, published in 1909, the author focuses on relationships between intelligentsia and ordinary people, their attractive and repulsive interaction, which represents the key theme of the Russian destiny. Any historical movement occurs through tragedy; heroes who move the history have to sacrifice themselves to provide that movement. Confirmation to that idea would be rejection and exclusion of the Russian intelligentsia from the country's mentality throughout a number of generations which ultimately led to its tragic being.
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/