Труды юридического факультета
The judicial statistics on criminal trial by the courts concludes about trace amount of absolutory sentences in modern Russia (0,8 %). The constitutional principle of doing justice by the citizens (for example: jury) is not getting development , but conversely is limiting by the «cutbacks» of the competence of the jury. The article presents a brief retrospective of development of jury trials in Russia , as well as reflect the participation in the establishment and development of jury at the present stage by the authoritative lawyer – S.A. Pashin. Author marked the most pressing problems of functioning of the jury in connection with the implementation the appellate from 1 January 2013. Article aims to acquaint readers with the participation of Personality - S.A. Pashin, in the establishment and development of jury which, need development in the future.
The article analyzes the historical background of the emergence and development of the Customs Union of Russia, Belarus and Kazakhstan on the example of the Council for Mutual Economic Assistance, the German Customs Union and the Southern African Customs Union.
The article concentrates on Chicherin, a Russian philosopher and lawyer, and his views on the correlation between liberty, law and morality. The author comments on Chicherin's ideas in the context of other views existing at the turn of the 19th and the 20th centuries. These are the views of such representatives of the Russian socially political, legal and philosophical ideas as Kavelin, Novgorodtsev, Struve, Alekseev and others, including modern researchers. Special reference is maid to Chicherin and Solovyov's polemics, which is important step in the history of Russian philosophy. Pointing out a constant connection between law and morality, that often complement each other on the basis of common values, Chicherin strongly insisted on differentiating between these notions. He was sure that the only way to a moral ideal was freedom, not an outward compulsion. And our past historical experience is the best confirmation of this idea. The work also focuses on the fact that the peculiarity of Russian law philosophy is its concentration on the questions of morality and law, the attempt of becoming closer to a moral ideal.
Arguing about the juridical nature of the decisions of the Constitutional Court of the Russian Federation, taken in particular constitutional review, the author of this article concludes that the acts in question constitute a normative interpretation case law, equal in their legal power to forceverifiable the rules and have in some cases retroactive.
The article examines the role of an abstract interpretation of acts of the highest courts in the context of the unity of judicial enforcement, due to the need to implement the constitutional prohibition of discrimination enshrined in the administration of justice. Arguing about the validity of acts of abstract interpretation, the author concludes that their binding may be deemed constitutionally justified only if the current system of legal regulation in the mechanism of denial of constitutional jurisdiction.
In this paper the differences and the similarities of formation of legal traditions in the Medieval Europe are examined. The author analyzes the impact of these differences on the consequent development of legal mentality and legal identity in Russia and in the Western Europe.
2011 International Conference on Economics and Business Information (ICEBI 2011) is the premier forum for the presentation of new advances and research results in the fields of theoretical, experimental, and applied Economics and Business Information. Topics of interest for submission include Business Information Systems, Business Performance Management, Management Information Systems, and others.
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
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/