Актуальні проблеми держави і права
The article is devoted to the definition of «improper treatment» for to its consolidation in the civil legislation of Ukraine, as well as identifying the grounds of civil liability of physician (medical institution) for the damage caused by improper treatment.
The authors analyze the phenomenon of corporate raids from the civilians’ point of view and make the conclusion that attempts to criminalize a deed without any specific differences between the new formulated corpus delicti and corpus delicti already existed should be abandoned.
This article attempts to show the relevance of broadening of the restorative justice application in Russia as one of the criminal policy directions. In the introduction criteria of measuring of the restorative programmes efficiency are indicated, exisiting studies in this sphere are provided. Then, the documents where one can find the suggestions on the criminal policy development both of the academia and of the professional society are analysed. The author highlights key criminal policy directions that reflect modern problems of criminal law and justice and pays attention to possible positive effects of the restorative programmes application. The author makes the following thesis: despite the fact that combating crime that is usually declared as an objective criminal policy is not an aim of restorative justice, the broadening of the restorative justice application could become one of the criminal policy vectors in Russia.
The article deals with results of the scientific seminar on "Legal Aspects of the BRICS", held in St. Petersburg with the participation of law professors from universities in the BRICS countries. They are represented in the collection of articles with the same title. The author presents the conclusion about the necessity of comparative studies of legal systems of the BRICS countries for the successful cooperation in the framework of the BRICS group, notes the potential of a harmonization of the legal regulation of all spheres of cooperation, besides of the use of the international law.
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/