The paper provides an in-depth analysis of a parliamentary procedure of making decisions concerning the budget funds distribution. The author was the first who gave legal interpretation of the classical economic Ar-row’s impossibility theory. Applying these ideas to analyze budget distribution procedure, the author proves that the Parliament cannot make effective decisions concerning the distribution of budget funds. Thus, the exclusive power of the Parliament to approve the budget is brought into question.
The paper examines the changes made to the Constitution of the Russian Federation through the prism of the current problem of interpretation by international and national courts of the rule of law, since approaches to the interpretation of any legal text are of fundamental importance. The questions of interpretation have already ceased to be technical in nature. Different approaches to interpretation determine what the democracy and people’s rule mean, the relationship between law and politics, the place of the country in the international system of coordinates. Special attention is given to the term and the problem of "interpretation" — one of the novels of the Russian Constitution. The author addresses the question of what “an interpretation contrary to the Constitution” means. It is precisely the different understanding of the same norms by the courts, the use of different approaches to the interpretation of legal texts that can lead to conflicts and even conflicts of jurisdictions resulting in serious consequences. The paper critically evaluates the application of the so-called evolutionary, broad interpretation of the European Court of Human Rights, which encourages states to develop mechanisms in national legal systems to protect against arbitrary decisions of the international court. In addition to the evolutionary one, the paper examines other modern approaches to interpretation: consequentialism, textualism, and originalism. The problems of interpretation are considered based on an analysis of the practice of the European Court of Human Rights, the Court of the European Union, American and European legal doctrine.
The article tells about the crisis of the International Labour Organisation mechanism of supervision over the international labour standards. This crisis was inspired in 2012 by the statement of the employers’ representatives in the ILO who claimed that the right to strike is not an integral part of the freedom of association. The author shows the importance of the recognition of the right to strike within the ILO framework basing on examples of Russian legislation and practice. The conclusion is made that the right to strike has already been legitimized on the level of ILO as an international customary law. Nevertheless, the final clarification of the situation on the right to strike must be done by the International Court of Justice.
Islamic finance puts on the agenda of a number of issues related to the terminology used in the transactions, its correct transmission and interpretation. At the same time, Islamic finance standards contain both concepts that can be given the Russian analogues easily and efficiently (for example, the transaction "mudaraba" can be classified as asset management), and the specific terms and concepts (such as "sukuk", "best execution of an obligation" "intentionally delaying the repayment of debt"), all of which were formed under the influence of a number of factors, key of which is religious ethics and Islamic jurisprudence. This article provides examples of such concepts and terms with an explanation of their specific features and practical examples.
The article is based on the legal arguments presented by the author in the Constitutional Court in legal hearings on the case on complience of the judical practice on election rights with the art. 46 of the Russian Constitution, which guarantees everyone the right to jurdicial protection of rights and freedoms. The author represented one of the applicants in this case. The Court found that the judicial practice was contrary to the Constitution.