Систематизация законодательства: общетеоретические отраслевые аспекты: Материалы III Международной научно-практической конференции. - Казань: Издательство Академии наук РТ, 2016.
In the collection of issues there are published the works of the participants of the III International scientific-practical conference "Systematization of legislation: theoretical development" (Kazan, October 23, 2015) on topical issues of legal science and practice.
The article is devoted to the rule-making process in the Russian Empire in XIX - early XX century. Particular attention is paid to the codified acts. The most obvious analogies are noted in the estimation of the legislation by scholars. These are lack of clear, formally articulated reasons for using specific forms of act for the same or different purposes, different names of the acts uniformed in contents and legal effect, and different content, structure, purpose of acts of the same kind.
This article is devoted to the Digest of the Laws of the Russian Empire – an embodiment of the operative legal system in late imperial Russia. Even though the Digest contained the law in force, and thus should be studied as a crucial source on Russian (legal) history, its meaning has been often overlooked. The reason for that is a remarkable difference between the original texts of laws adopted by the legislator, and their published form in the Digest. This difference came from the necessary editing procedures when every new piece of legislation was included in the existing system of the Digest. This strange feature of legal procedure when two different versions of a particular law – the original one and the one codified in the Digest – both remained in force should be considered as a part of official autocratic legality in late imperial Russia. Even though it may seem inefficient and irrational, the practice of obligatory codification of laws in the Digest existed for a rather long time – from 1835 until 1917. My research aims to find possible explanations for the Digest’s prolonged existence in the context of political and legal culture of late imperial Russia. What did Russian ‘official legality’ actually mean on the levels of theory and action?
From the outset of privatization in Russia researchers from a number of countries have been studying the emerging real estate market and the residential sector development in Russian cities. Typically, their attention has been focused on legal and institutional challenges like the inconsistency and inadequacy of legislation, blurred or duplicated functions of different power bodies, the immaturity of real estate market infrastructure and low professionalism of the market's agents (appraisers, developers, intermediaries, notaries, etc.). They also pointed out that privatization required tighter control over area development, and introduction of new townplanning instruments and regulations. While accepting many points raised by the above publications, we must nevertheless emphasise that the development of real estate market in Russia has shown impressively high rates. Despite all the difficulties the private sector now prevails in construction; and professional associations of realtors, appraisers, and notaries, as well as associations of mortgage banks and insurors are in good progress. The state sector's level of adjustment to market is less impressive, but one should not forget that the main reason behind all reform's controvercies and inconsistencies is politics. The existing political pattern of Russian legislative bodies blocks radical market transformations, and the confrontation between the President and the State Duma leads to controvercial decisions.
The main focus of this paper is the analysis of problems in the field of legislative regulation of the international abduction of children in Russia as well as of the perspectives and obstacles of the implementation of the Convention on the Civil Aspects of International Child Abduction. Russia acceded to the Convention one year ago. Author aims to study the progress achieved during this period in the field of setting the mechanisms prescribed by the Convention and in bringing Russian legislation in the conformity with standards stipulated in the Convention.
This Chapter describes the history of social security legislation development abroad and presents both classical and modern models of social security in foreign countries.
The idea of ligalization of bribe giving for certain types of bribes was expressed by K. Basu in 2011 and got a name Basu proposal. In this paper we discuss effects that can be caused by the direct implementation of this proposal. Our game-theoretic model shows that while legalisation of certain bribe-giving occurances can lead to some positive consequences, it is not always a good idea to return bribe to the bribe-giver as suggested by Basu. The chance to get the paid bribe back increases the amount of bribes that end up in corrupt officials' pockets.
The study dwells on the problem of interaction between North American legal doctrine and codifications of private international law in the state of Louisiana and the Province of Quebec. Covering both classical and modern USA schools of thought in the area of conflict of laws, the article also includes a comparative analysis of Book IV (Conflict of Laws) of Louisiana Civil Code and Book X (On private international law) of Quebec Civil Code respectfully. On comparing these acts, the authors dwell on a thesis that, in spite of the obvious similarities between respectful legal systems, one cannot state undoubtedly that American doctrine of private international law has been recepted by abovementioned codifications in equal measure. Therefore, despite all the similarities, the doctrinal traditions on which they are respectfully based are actually different.
The paper examines the principles for the supervision of financial conglomerates proposed by BCBS in the consultative document published in December 2011. Moreover, the article proposes a number of suggestions worked out by the authors within the HSE research team.
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/