Пятый пермский международный конгресс ученых-юристов:материалы международной научно-практической конференции (г. Пермь, Пермский государственный национальный исследовательский университет, 24-25 октября 2015 )
The publication abstracts annual international scientific conference, held the Faculty of Law of the Perm State National Research University. investigated actual problems of the theory of state and law, constitutional, civil, entrepreneurship, employment, criminal, financial law and a number of other industries. The publication is intended for researchers and practitioners.
In the past 10 years Russia has undertaken several attempts at reforming its law enforcement and judicial system, which, unfortunately, had little effect. One of the reasons lies in a lack of “feedback mechanisms” and a shortage of reliable information on the processes going on inside law enforcement agencies. The heavy-handed system of reporting (so called “palochnaya sistema”) not only impedes the obtaining of complete data on possible problems within the law enforcement system, but often motivates law enforcement officers to tamper with data and breach laws. In this article, we will show that from the theoretical point of view the recent tendencies in the Russian law enforcement system can be described as dominance of the “logic of discipline,” using the terms of Michel Foucault. We will consider the tools for external evaluation of law enforcement bodies’ performance using the data of the survey of 3317 attorneys in 35 Russian regions and the information on entrepreneurs’ complaints against corporate raiding filed with the Center of Public Procedures “Business against Corruption.” We will show that such indicators help identify “trouble zones” — regions and agencies where the current situation is more unfavorable than elsewhere. Therefore, external comparative evaluations of the quality of the law enforcement system could significantly enhance the information on existing problems in law enforcement available to the authorities and the public. In addition, by creating such a highly demanded public analytical product the lawyer corporation and business associations could achieve greater recognition from society and powers-that-be.
The article concerns views of Russian advokats with regard to issues of professional ethics as well as their evaluation of frequency of violation of rights of defendants by representatives of low-enforcement agencies. The basis for analysis was the data of interrogation of advokats carried out in 2013 by by the Institute of Analysis of Enterprises and Markets of the National Research University "Higher School of Economics" in combination with the "Association of Lawyers of Russia". The authors show that professional community of advokats constantly interacting judicial and law-enforcement systems could be important sourse of information on the state of inforesement for authorities and society.
The system of legal education has been developing in response to the requirements of the market out of professionals’ control. These development lead to the deterioration of the quality, capacity underutilization of vocational education and professional development. The study of the problem focuses on the deformation of the careers of the graduates with higher legal education. They abandoned their specialty, and educational potential to engage in professional careers in other fields of activity. Analysis is based on the data on semi-structured interviews with graduates of law schools who migrated to other professions. The circumstances of the choice of legal education and reasons that underpin this move are subject to analysis. Attention is given to the resources of legal educational used for professional careers in new areas.
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/