Исполнительное производство. Учебник и практикум для бакалавриата и магистратуры
Report of the retired Judge of the Constitutional Court of the Russian Federation, Adviser of the Constitutional Court of the Russian Federation, Professor T. G. Morshchakova at the Second Senate Conference is dedicated to the issue of the supremacy of law and independence of the judicial power. October 12, 2009.
The article is devoted to the analysis of the judicial power of the marcher lords. Authors investigate common features and peculiarities of the systems in the different lordships of the March of Wales. Special attention is drawn to the influence of the English common law and Welsh law on the judicial procedure in the lordships of the March.
The article includes three special topics: the rules of the appointments of judges as a factor of their dependence; interaction between the courts and the administration in the context of weakness of a judicial power; co-called reform of a High Courts and the destiny of the Constitution. Some of the main conclusions of the article: 1) the President have got the power to appoint all federal judges and all chairmen of the Courts and their deputies. Meanwhile chairmen of the Courts and their deputies have got the serious administrative power. As a result of these changes the Courts turn into the hierarchical structures connected with the executive power. 2) These amendments reduced the possibilities of the creation of rule of law in Russia. The article studies some decisions of the Moscow regional Court as examples of these trend in the development of the judicial power. Оn the regional level these trend actually means the absolute loyalty of Courts to the regional executive power.
Article investigates some aspects of the liquidation of the Supreme Court of Arbitration of the Russian Federation.
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
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/