The article focuses on the origins of anarchist individualism theory in the USA. It explores the reflections of the leading proponents of American anarchist individualism on the transformation of natural law and social contract concepts in the XIX c.
анархо-индивидуализм, США, Естественное право, Общественный договор, Просвещение, anarchist individualism, USA, natural law, social contract, Enlightenment
The author touches upon the issue of unequal rights of participants of shared construction during the bankruptcy of a builder. For instance, according to the literal interpretation of the rules on bankruptcy, the construction participants, who invested money into the cottage and apartment building in townhouses consisting of two blocks, are deprived of the right to include the requirement into the register of requirements for the premises transfer. In this regard, the author considers the concepts of an apartment house and a house of blocked building enshrined in law; determines whether the provisions of the Federal Law «On Insolvency (Bankruptcy)» (subparagraphs 3 and 3.1 of paragraph 1 of article 201.1) meet the requirements of the constitutional principle of equality; analyses the possible reasons for deviating from this principle; explores the present-day judicial practice on the inclusion into the register of requirements for the premises transfer the ones that concern cottages; specifies the conditions under which such requirements may be included in the register. The author concludes that the right to include the requirement into the register of requirements for the premises transfer should be also given to the construction participants who deposited money under the agreement on participation in shared construction. This agreement might concern: 1) flats in the apartment houses consisting of two blocks; 2) cottages under the condition that there is a unitary construction project; the general housing infrastructure is created; funds of construction participants are accumulated for building up the territory.
On the basis of the analysis of the Chinese legislation stages of his reforming under the influence of requirements of the World Trade Organization are considered.
Four stages of preparation of People's Republic of China for accession to WTO within which there was a transformation of legal system of China from 1982 to 2001 are allocated. The sources of the Chinese law making are presented and systematized as a basis of the economic legislation of the People's Republic of China at a stage of preparation of inclusion of China into the WTO. Attention is drawn to the peculiarity of the Chinese state power organization, in which there is no powers’ separation into three branches: legislative, executive and judicial. It has, in turn, allowed to mark out also feature of the economic sphere legal regulation in China connected with existence of such source of law in the People's Republic of China as the rules established by the Supreme National Court.To represent the dynamics of normative-legal regulation of foreign trade activities, China has used the system of dialectical and universal methods of knowledge; general scientific methods (induction and deduction) and techniques (analysis and synthesis); as well as a special method – formally-legal.Identified vectors of changes of legal support of domestic and foreign economic processes in China suggests the possibility to consider the experience of China in the promotion of Russia into the international trading community.
The article discusses some issues related to access to information about the bodies of judicial community and their activities. The author analyzes the regulations to ensure the openness of specified information. Particular attention is paid to issues of access to information on activity of the qualifying boards ofjudges on the formation ofthe judiciary. Basing on this analysis the author formulates proposals for changing the order of access to information about the bodies of judicial community and their activities.
There are situations in which the authorities violate the rights and lawful interests of two or more individuals or organizations. However in the civil procedure legislation of the Russian Federation there are practically no rules governing the procedure for submission to the court a collective complaint to contest the decisions, actions (inaction) of bodies. The author examines the legal nature of collective complaints, as well as the prerequisites of the right to appeal to the court of two or more persons whose interests are compatible and not mutually exclusive.
In this article the author examines the democracy theory of Hans Kelsen. The author accentuates the connection between the democracy theory and the theory of the stepwise legal order (Stufenbau) in Kelsen’s doctrine. Connecting these two theories allows understanding originality of Kelsen’s conception of law and state. According to Kelsen, the issue of democracy is about participation of people at all the stages of law enforcement, and not only at the stage of adopting of laws by a parliament elected by people.
The article deals with the issues of interaction of international labour standards and international trade in context of Russia’s entry into the WTO. The “pro et contra” arguments concerning the linkage of international trade agreements and human rights in the field of labour are analyzed. The author proposes his critical appraisal of the ILO policy in respect of international trade globalization. Some suggestions concerning the Russia’s own policy on the matter are made.
The article discusses various approaches to the definition of the structure of prohibitive rule in the criminal law. The author substantiates the conclusion that the concept of three-element design of the logical rules of law with respect to the normative-legal regulations of the Special part of the Criminal code of the Russian Federation is not acceptable. Penal prohibition is a basic normative-legal instruction, the core of prohibitive rule in the criminal law and primary cell (link) system of law.