Принцип формального равенства и взаимное признание права: коллективная монография
This work examines the theoretical problems connected with application of the methodology of legal positivism. The author studies these problems against the background of the conceptions of formal equality and of social recognition. It is often asserted that as to these problems legal positivism is unable to provide satisfactory explanations. However, the author demonstates that this is not so and that some versions of legal positivism can be successful in such explanations
The judicial nullification of the normative legal acts is the component of the interindustry legal nullification institute, directed to providing legal contents control of the legal normative acts by a number of formalized, or not prohibited law mechanisms. The nullification as the legal system impact instrument is a practical filling of the rule of law idea and correlates to a state construction discourse on the basis of the constitutionally recognized values, including freedom and justice. At the same time, in article the author notes that the nullification institute needs not only legislative regulation development, but, first of all, doctrinal justification because in the absence of steady legal tradition conditions caused by development vector change of Russia (twice only in the 20th century), the right not only protects, but also needs to be protected.
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/