The author analyses conceptual fundamentals of ﬁnancial control: its deﬁnition, functions and role. Based on an analysis of the legal mechanism for implementing the internationally recognised ﬁnancial control principles set out in the Lima declaration of the INTOSAI guiding principles of ﬁnancial control, and of the organizational principles of ﬁnancial control in various countries, the author comes up with recommendations that are aimed at improving the legal regulation of state and municipal ﬁnancial control in Russia in connection with the draft federal law on state ﬁnancial control being developed.
In this article author investigates a phenomenon of the reception of Roman law in the frames of the formation of pan-European legal system of ius commune arisen in Western Europe during the XII - XIV centuries. As principal elements of the cited system in the article are discussed Roman law (Corpus iuris civilis of Justinian), canon law (Decret of Gratian and the main collections of papal decretals), feudal law (Libri feudorum) and the ordinary gloss which has accompanied all of the indicated texts. Also author insists on update of existing in Russian science historical conception of reception of Roman law as an independent phenomenon.
The fundamental characteristics and national peculiarities of formation of institute of presidency in Russia are analyzed in the article. The author specifies the content of institute of presidency as the scientific category through a prism of the political and legal analysis. The author proves the assumption that it has mosaic character, being in a number of the parameters rather close to "purely" presidential model marked by personalistic lines. The author states the point of view that in relation to a Russian presidentalism we can view a conversion of several theoretical paradigms and practical models and in this connection he uses the definition "adhoc-presidentalism" on the base of which defines the expedient directions of development of the institute analyzed.
In this paper the economic and legal analysis of the two concepts – “servage” and “serfdom” – is explored. Some arguments in favor of the interpretation of this phenomenon as serfdom are proposed. This term, as we suggested, better explains the processes taking place in the Russian Empire within both the real and the conceptual contexts of its development
In the history of the organization and administration of justice occur objectively and subjectively deterministic changes in the ratio of personal and public interests, provided judicial protection. The nature of the interest is a factor essential, organizational and procedural foundations of judicial activity. Justice condition as determined by the socio-cultural, political and ideological conditions of its existence as a form of manifestation of the right to life of people. The article is devoted to examples of solutions to this problem in the period of enlightened monarchy in Russia.
The reviewed book is an example of learner’s manual that has deal with special terminology in legal sphere of old-Russian language. During recent years law students have objective troubles with learning of legal terminology, especially those that had lost their meaning in contemporary world. Explanatory Dictionary of M.A. Isaev fills that gap in legal science.
Abstract: the article is about important issues of the mediation in Russia, its roots and essence in the development context of administrative justice and general administration reform.
the article is about important issues of the mediation in Russia, its roots and essence in the development context of administrative justice and general administration reform.
The article is devoted to a comprehensive study of the current state, specifics and perspectives of the codification of Israel’s private international law (PIL) - a mixed legal family state with a «hybrid» legal system, which is fully manifested in the nature of conflict-of-law regulation of relations connected with foreign law and order. The regulatory framework of the study is the Israeli legislation of PIL and Israeli case law. Much attention is also paid to the analysis of the Israeli doctrine of PIL, whose representatives advocate the idea of adopting a comprehensive autonomous law on PIL and international civil procedure. The research methodology is based on the application of methods of comparative analysis and comparative law. The direct subject of the study is the sources of the PIL of Israel and some of the institutions of the general part of the PIL - renvoi, qualification of legal concepts, determination of the content of foreign law. These institutions of the Israeli PIL are very slightly regulated by law, but they cause constant problems in judicial practice and attract the attention of the doctrine. The article concluded that Israel’s PIL was originally and still rooted in English common law and develops in line with this tradition, although the general process of «continentalization» of Israeli law also affects the relationship of the sphere of PIL.
The second part of the article provides the system synthetic classification of presidential powers. The specification is based on explication of presidential status essence, sources of law, value-based and functional mission of powers, legal meaning and activity process of the President. There are two groups: ordinary and extraordinary powers, above all. The further split relates to constitutional and extra-textual powers and their spices. There are precedent, legal, statute, inherent and implicit extra-textual powers here. Also, the incident and political powers are determined among ordinary powers and non-public ones for extraordinary powers. Finally, the author argued the need of radical minimization of extra-textual powers and defines main directions of its realization. The legal and political bottlenecks prevented to bring presidential powers into compliance with the functionality assigned as constitutional are marked by the author.
The first part of the article is dedicated to the compartmentalizing based on analysis of Constitutional functions and tasks of the President of Russia, focus and sphere of presidential activities (competence). The author argued in favour of moderate imperfection of this trend. It is further placed emphasis on inherent powers doctrine. The nature of inherent powers of Russian President is revealed here. The author describes the role of RF Constitutional Court and the Federation Council in the process. In terms of comparative analysis the inherent powers of US President are characterized. There is an actual data on Russian vested legal presidential powers in the article. Such powers are illustrated by current examples as thing stand in 2017-2018 (which are compliant, conditional or inconsistent with presidential spheres determined in the Constitution).
Тhe article is devoted to research of features of organization and legal regulation of the system of a regional financial control in the Russian Federation. The purpose of this article is to systematize all legal and the other information about a regional financial control (including a municipal financial control), to define its place in the system of a state financial control.
The article is devoted the study of the German doctrine of private international law – the "German realism» XVII century., which is a separate direction in the theory of the statutes. The names of the representatives of the German realism of the XVII century – Matthias Berlich, Benedikt Carpzov, Davidis Mevius, Wolfgang Adam Lauterbach, Caspar Ziegler – are little known in the Russian doctrine of PIL. All these scholars considered to conflict of laws only from the standpoint of law enforcement and did not try to create any coherent theory of conflict of law. They uphold the principle of absolute territoriality of all laws, but at the same time they made it possible to apply a foreign law on issues of the form of legal acts and contractual obligations. Representatives of German realism of the XVII century can be qualified as scholars of the "transitional period". They are linked to the "German style" Italian and Dutch theories of statutes and prepared the ground for the perception of the doctrine of international comity in Germany.