Глава XI. Судебная защита прав и свобод человека и гражданина
The essays in this volume reveal and explore litigation strategies and arguments in defense of human rights in familiar cases in Europe and in North America. Among the authors are several experienced litigators from the US and Canada, and from new democracies such as Poland or Russia, who share their insight on the unfolding of constitutional arguments in seminal cases. Their contributions reveal little-known details about famous developments in jurisprudence and advocacy strategies, which often prove instrumental for a more informed understanding of subsequent developments.
Legal protection from acts of unfair competition requires application of efficient government measures towards offenders. These measures should guarantee private and public interests, and also to promote discontinuation of a violation and restoration of the position of a victim. These legal remedies have their own general features and peculiarities both in France and Russia. Fore example, according to the French law, courts play a key role in application of sanctions. At the same time, France has wide experience of application of civil sanctions imposed for unfair competition which may be of use to domestic public authorities.
The article considers problems of protection of the child’s rights. The author pays attention to «a presumption of fairness of parents» principle and suggests to improve the legislation taking into account this principle. The article gives the assessment of realization of the child’s rights on judicial protection.