Применение иностранных публично-правовых норм в международном частном праве
This article analyzes possible use of foreign public legal norms for settlement of disputes in the field of private international law. Appropriate rules of national laws and international legal acts, examples from jurisprudence are regarded. There is a synopsis of the doctrinal opinions concerning the article’s problem. The author comes to conclusion that using foreign public law at the present time cannot priori damage neither interests of the participants of the international civil circulation or interests of the state in general. In the modern world maximum use of foreign legal norms is one of the most effective means of private interests (and often not so foreign as own, "local", national).
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/
Task: currently interest in the study of historical aspects related to the formation of various legal institutions is increased. The least explored issues in the development of international law and international private law, including the article presents historical and legal analysis of the process of legal registration system of international relations in private law sphere, including with the direct participation of the Russian state.
Model: the study of historical and legal analysis of the process of formation of private international law in the Imperial period with the participation of the Russian state, based on primary sources: international legal instruments (treaties) concluded by Russia with different States for a specified period of time and acts of internal legislation regulating the corresponding sphere, and also the scientific works devoted to the study of relevant issues.
Conclusions: the Conducted historical and legal analysis, identified the main issues which have been subject to legal regulation in the international private law of the relevant period and identifies trends associated with the process of formation of private international law, describes the legal consolidation of the relevant provisions of the international treaties concluded by various, mainly European States as well as the ratio of provisions of international law acts of the Russian legislation.
Frameworks of research/possibility of subsequent use of results of scientific work: the study is limited to the time frame and scope of private international law that can be extended from the point of view of the chronological framework and areas of cooperation.
Social consequences: In systematic form, with links to primary sources, describes the process of becoming legal registration of interstate relations in the field of private law within a specified period of time, which makes a contribution to the study of the history of international law in General, including relevant political and legal processes.
Originality/value – the work can be used to study the history of state and law, private international law and other Sciences.
The article is devoted to military service of K.P. von Kaufman, famous Russian statesman of the second half of the 19th century, during the first stage of his career in 1840s–1850s. This period of his biography had not been studied in details until now. Meanwhile, just during his service in the Caucasus and participation in the Crimean War, Kaufman gained his first experience of relations with oriental peoples and states as the soldier and diplomat. That experience was very important for him later, when he had became a Governor-General of Turkestan Region (1867–1882). Valuable source of information on the “Caucasian” period of life and activity of K.P. von Kaufman are the memoirs of his contemporaries who served with him. In contrast to official documents (such as orders, service records, etc.) these notes contains details on Kaufman’s service, and much information about his talents and abilities, the personal features reflected during his “conquer and organization” of Turkestan.
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