Проблемы реализации норм, регулирующих доказывание и доказательства в гражданском, арбитражном и административном судопроизводстве. Сборник статей по материалам Международной научно-практической конференции
The article contains a comparative-juridical analysis of main regulations of the Russian and Mongolian criminal procedure codes. From the more detailed analysis of individual Mongolia CPC institutions follows the conclusion, that the order of judicial process is defined sequentially and logically from judicial-technical positions, it led to achievement goals of Mongolia criminal process.
The article concerned the history of circumstantial evidence in Russia and in foreign countries (until the XIX century).
The actual value of shares in the company in most is determined on the basis of the examination. The author casts doubt on the legality of such practices. Based on the result of the analysis of the legislation and judicial acts, the author proposes to use another mechanism in determining the need for the examination. The examination for this category of disputes as to the position of de lege lata, and from a position of de lege ferenda possible only if the claimant have denied the presumption of validity of the balance sheet data.
The author substantiates the thesis that an arbitration court can reclaim from a party to the dispute evidence, that is necessary for the other party to ground its arguments and objections. If the court has reclaimed an evidence, and the party fails to submit it, such party is considered to have conceded facts, claimed by the other party.
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/