Постановление Европейского Суда по делу «Агеевы против России»: некоторые аспекты защиты права детей на жизнь и воспитание в семье
The article focuses on practice of the child's right to a family protection, and in particular of the application of “the best interests of the child” concept. The author analyses the international standards in the field on the example of the European Court of human rights case-law.
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.
Article contains analysis of the decisions of the European Court of Human Rights on freedom of expression, in which the Court had to balance public interest against the protection of commercial structures from unfair competition or injury to their business reputation.
It may take substantial time before case-law concerning interpretation of certain provisions of the legislature becomes uniform and consistent. There could be contradictory and mutually exclusive judgments based on different approaches to application of the same law in the legal system. Would this automatically lead to violation of article 6 of the ECHR? ECtHR case-law analysis demonstrates that not every inconsistency in interpretation of legislation by courts amounts to violation of the right to court. However, existence of “profound and long-standing differences” in the case-law of the domestic courts and inability of the legal system to remedy such problems may result in violation of the ECHR provisions.
The article analyses interpretation of the articles of the European Convention on Human rights and Fundamental Freedoms, which guarantee the right to private and family life, to marry, to access court and to be free from arbitrary detention in the context of formal equality and non-discrimination for the persons with mental disabilities. The author argues that the judges of international courts interpret human rights language not literally, but broadly, pragmatically – involving comparative legal studies, judicial practice of different states, fact analysis for the better protection of fundamental rights of the applicants, thus employing compensatory possibilities of law for the equalization of the possibilities to access the rights for the persons, belonging to disadvantages groups.
This publications consists of the papers prepared on the basis on the reports made at the international scientific conference "Serching for a balance between private and public interests in decisions of the international and national courts".
The article deals with the comparison of American and Russian demotivators from the point of view of adoption in the context of the globalization process. The article touches upon the classification of demotivators according to the subject and the connection between the genre and precedent phenomena. It is concluded that Russian demotivators are developing dinamically, possessing both adopted and original features.
Decisions of the European Court of Human Rights made a contribution to the development of the theoretical conceptions describing relationship between International Humanitarian Law and International Human Rights Law by specifying direction to a wider application of human rights norms regulating right to life in armed conflicts. This article deals with three main directions of this development: firstly, the strengthening of examination in sphere of fulfillment by states of their negative obligations concerning right to life, secondly, specification of duties on preventive measures serving for protection of civil persons and objects, and, thirdly, enlargement of the scope of application of the obligation on prosecution of lethal cases in armed conflicts.
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/