Мягкое право в современном правовом дискурсе
This paper is an attempt to understand the causes of appearance of the term “soft law” in modern legal discourse. Found common communicative attributes of the phenomena of “law” and “soft law”, which allows at the same time distinguishing both from other social commitments. It is shown that soft law should be seen as a kind of law in a polycentric legal system. The idea of a polycentric legal system appeared in legal discourse in connection with the exhaustion of “capacity” of the legal apparatus of the state. The way to ensure the rule of law principle in a polycentric legal system is considered.
Report of the retired Judge of the Constitutional Court of the Russian Federation, Adviser of the Constitutional Court of the Russian Federation, Professor T. G. Morshchakova at the Second Senate Conference is dedicated to the issue of the supremacy of law and independence of the judicial power. October 12, 2009.
Are considered doctrinal approaches to the concept of the soft right in modern international law and the international relations; positions of critics and supporters of the concept of the soft right are given reason; the comparative analysis of norms of the soft right, various on form and content is carried out.
The collection of articles contains the written by legal scholars from 8 countries, all of which disscus the present content of the Legal State and Rule of Law doctrines and their interrelaionship.
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.