Государство в меняющемся мире: материалы VI Международной школы-практикума молодых ученых-юристов (Москва, 26-28 мая 2011 г.)
This book, issued by the Paris United Research Department of Comparative Law and the Institute of Legislation and Comparative Law on the one side and by the Government of the Russian Federation on the other side is the first French-language publication providing access to recent developments in the Russian administrative law. One is confronted with French law and other human rights developments in Europe, on topics selected by mutual agreement by the authors from the issues on the agenda of reforms in Russia. Administrative procedures and control are key legal issues. How they are set dependent on the level of protection of rights and freedoms, the efficiency of public administration, economic development and stability of the state in general. Transformations of the Russian administrative law are put into the context of European administrative rights. French readers will see how the Russian context influences how to address them; Russian edition has brought to the attention of the Russian reader the general principles of French administrative procedure, the system of implicit decisions, the role of individuals in the completion of certain public tasks.
The already existing in the learned community manifold positions on the matter of the nature of the legal relationship in the enforcement proceedings are represented in the article.
The paper examines the structure, governance, and balance sheets of state-controlled banks in Russia, which accounted for over 55 percent of the total assets in the country's banking system in early 2012. The author offers a credible estimate of the size of the country's state banking sector by including banks that are indirectly owned by public organizations. Contrary to some predictions based on the theoretical literature on economic transition, he explains the relatively high profitability and efficiency of Russian state-controlled banks by pointing to their competitive position in such functions as acquisition and disposal of assets on behalf of the government. Also suggested in the paper is a different way of looking at market concentration in Russia (by consolidating the market shares of core state-controlled banks), which produces a picture of a more concentrated market than officially reported. Lastly, one of the author's interesting conclusions is that China provides a better benchmark than the formerly centrally planned economies of Central and Eastern Europe by which to assess the viability of state ownership of banks in Russia and to evaluate the country's banking sector.
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/