«Порядок рассмотрения жалоб в европейском суде по правам человека»// «Практика европейского суда по правам человека: комментарии, судебные прецеденты
The article addresses the issues of pre-trial and extra-judicial appeal, review of administrative affairs, identifies problems in the current legislative regulation, offered options for their solutions.
The article is devoted to the Soviet phenomenon of «letters to authorities». Three major interpretations of «letters» are presented: 1) as a way to implement the democratic right for participating in state management and right for justice; 2) as an instrument for repressive political campaign; 3) as a significant form of personal identification with authorities. Claims were an important social phenomenon of the Soviet life. The author presents typical and specific claims (on the materials of Perm State Archives of Contemporary History) and ways of dealing with them on the local level. The author analyses the post-war years’ claims, which help to understand the peculiarities of the Soviet everyday life, the rhetoric of the era, and the forms of citizens’ resistance to injustice.
The issue of migration is extremely important for Russia. According to the latest UNHCR data, 210,389 people applied for international or temporary protection in the Russian Federation (RF) in 2017. Since 1990, migration flows are reduced, but in 2014-2016 significant peaks were noted in connection with the crisis in Ukraine. At that time, about 1 million Ukrainian citizens applied for asylum or some other type of legal stay in the Russian Federation. The current migration emergency in Russia, however, is associated not only with a massive influx of Ukrainians, but also refugees and asylum seekers from areas of military operations in Syria and Afghanistan, as well as with authoritarian regimes such as Uzbekistan and Tajikistan. The latter, unlike the citizens of Ukraine, have some difficulties with the asylum procedure and recognition of their status. Despite the fact that the Russian Federation ratified the 1951 Convention on Refugees and adopted specific resolutions to determine the material and procedural rights of refugees and asylum-seekers, the current law has several regulatory shortcomings contrary to international legal and regional human rights obligations and takes into account the principle of nonrefoulement. In addition, the law is often incorrectly applied, leading to confusion, misunderstanding and, as a result, expulsion. The shortcomings of the Russian system of international protection were repeatedly noted by the European Court of Human Rights, the practice of which in recent years has contributed to the openness of legal proceedings in the country.
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/