Венецианская комиссия о проблемах правосудия в современном мире: сборник аналитических материалов Венецианской комиссии Совета Европы
The publication is the third in a series of works devoted to the European Commission for Democracy through Law (Venice Commission) and is a compilation of analytical materials (Opinions and Reports) of the Venice
Commission on justice issues. The first section deals with the rule of law and the role of justice and
contains, inter alia, the Report on the rule of law. A separate section is devoted to the constitutional framework of judiciary in some countries: special attention is paid to the Venice Commission’s opinions on judicial reforms in
Armenia, Kazakhstan, the problems of organizing the judiciary in Poland. Section three, «Independence of judges and their appointment», contains a number of Venice Commission’s analytical materials on the independence of judiciary and judges. Section four reveals the problem of judicial ethics and disciplinary responsibility of judges. The final section contains material on the improvement of the judicial procedure. The most part of the presented
materials are translated into Russian for the first time. The publication also includes scientific articles on justice issues written by members of the Venice Commission.
The significance of any prominent thinker’s ideas is determined not only by their intellectual content, their orientation to fundamental sources and convincing quality of argument, but primarily by the role those ideas play at the moment when a society is undergoing a crisis or confronting problems which need to be solved in order to secure its future. Outstanding thinkers can only be described as great if their views affect not only the consciousness and behavior of some limited groups or even nations, but also if they influence the mode of thinking of the whole of mankind or at least a numerous religious community such as Muslims in our World. Among those thinkers Said Nursi occupies an honorable place for Said Nursi’s thoughts are directly linked with the present situation in the Muslim countries as well as with the role Islam plays there. Said Nursi is not a political thinker in the proper sense but the political future of the above mentioned nations can be predicted more profoundly if his ideas are taken into account because he contributed much to the understanding of Islam and its role in today’s world. But in any case when discussing this issue it is necessary to start with the analysis of Said Nursi’s approach to Islam and Shari’ah in general.
The report reveals the main stages of the judicial reform in Ukraine running since 2010. The features, attributing Ukraine to the countries with the transitional justice, are stood out. The specifi c initiatives aimed at improving the mechanism of the administration of justice that have been implemented after winning Euromaidan are analyzed. The increase of the crisis tendencies in the sphere of the judiciary in Ukraine is marked. In addition, a separate study exposed the diffi culties faced by the Ukrainian justice system in connection with the fi ghting in the Donbas. The institutional and psychological problems faced by the judiciary in the frontline are investigated. A general description of the situation in Ukraine as a respondent before the European Court of Human Rights is given.
The author looks into the contradictions of security and the paradigms of their resolution in the modern era. The issue of security is considered in conjunction with the issue of justice. Emphasi is placed on the fact that the disharmony of the modern security paradigms is just temporary. As the global civil society is growing stronger, the paradigm of human rights must once again regain its priority. Just as in the case of the return of the multipolarity of the world, the paradigm of cooperation and non-intervention must get back the lost rights
In this article the author examines the socio-legal conception of Eugen Ehrlich from the standpoint of its relation to state and to the laws of state. The attention is focused on the practical implications from this conception for functioning of judiciary systems.
Author reviews Russian legal system based on The Russian Constitution (1993) and also considers functioning of basic political institutions and others associated with them. At the same time author analyses reasons of unsatisfactory functioning of particular institutions from the point of view of the Constitution. In particular, author estimates constitutional status of Russian President and reveals his unproportional impact on other political and even civil societies institutions.
This article focuses on the American experience of guaranteeing decisional independence of judges. Historically the United States turned to be the pioneer in the area of legislative regulation of the status of judiciary power. With forming the normative base of both functioning of judiciary and the status of judges the following factor (which was repeatedly emphasized by the Founding Fathers) was taken into consideration: actual separation of powers is impossible without independent judiciary, and thus institutional independence of judiciary is impossible without decisional independence of individual judges. The article includes some comments of American judges regarding the essence generating prestige and institutional independence of the American judiciary and the qualities necessary for a good judge. The article also describes the doctrine of judicial activism.
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/