Зависимость условия от воли сторон условной сделки в контексте реформы гражданского права
Introduction: The article deals with the features of forming the Federal and Russian civil legislation in the late 80s – in the early 90s of XX century. Special attention is paid to the radical changes in constitutional, and as a result in civil legislation, predetermining the destruction of economic foundations of the Soviet public system. Purpose: studying the peculiarities of changes in civil legislation during the given period for comprehending the range of issues in implementation of civil legal rules and institutions at the critical stage. Methods: the methodological base of the study is systematic and historical methods allowing to reveal legal matter quality of transitional period with the account of historical and political situation developed. The basis of these methods is the method of dialectical materialism giving the opportunity to show interdependent relationship between the economic basis of transitional period, changing economic functions of the state and the sphere of civil law. Results: the basic legal acts of the USSR and RSFSR of the late 80s – the early 90s of XX century in the field of civil legislation as well as some materials of court practice are studied by the author. Special attention is paid to typological features of transitional legal situation, in particular as an example of civil legislation by means of which some changes in legal regulation of ownership rules, contractual relationship are made. The author agrees with the opinion of the scientisits (V.P. Reutov, Yu.V. Vasil'eva) who believe that the subject of legal regulation does not always determine the structure of law branch. The radical changes in political and economic development of state often involve changes in the functions of state and as a result in the functions of law and branch legislation. The analysis of transitional processes confirms this statement. Conclusions: with system changes of political and socioeconomic structure in the USSR some failures in regulating the public relations were inevitable as well as disturbing stability of internal structural legal elements and as a result the absence of legal matter stability. These factors influenced objectively the system of civil legislation.
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/