Russian Constitutional Development: Formal and Informal Practices
The monograph is devoted to the phenomenon of politicization of constitutional institutes, which has emerged in recent years in the United States and the EU. The authors also analyze the peculiarities of electoral law and the electoral system in the United States, show the specifics of the election campaigns of individual parties and their leaders. The problem of revolutions as a form of national government, opposed in electoral procedures in the modern world is considered. Particular attention is paid to the process of politicization of the judiciary.
The article introduce translation of John Rawls's research "The Law of Peoples". This lection was written in 1993 and has not been translated into Russian before. This article analyses the conception of international justice extended by Rawls considering its terminology, methodology and basic points. International justice is explored in correlation with rawlsian fundamental theory of justice. But through the special scope conception of international justice based on liberal values goes beyond liberal societies and gives a framework for transformation of international law and policy.
The main focus of this paper is the analysis of problems in the field of legislative regulation of the international abduction of children in Russia as well as of the perspectives and obstacles of the implementation of the Convention on the Civil Aspects of International Child Abduction. Russia acceded to the Convention one year ago. Author aims to study the progress achieved during this period in the field of setting the mechanisms prescribed by the Convention and in bringing Russian legislation in the conformity with standards stipulated in the Convention.
The concept of war has always been fundamental for understanding of politics. But there's still no appropriate war and enemy theory available. I suppose such a theory should focus on the concept of bracketing of enmity. It should use just war theory principles limiting the possibility of armed conflicts and limiting methods applied to war. This approach takes in account both principles of law and justice that treats enemy as necessary part of political existence.
The article concerns the problem of the Russian absolutist monarchy of the XVIII - the beginning of XX-th centuries in a comparative perspective. The social function of absolutism consisted in national integration, cultural unification and social transformation of traditional society by using of legal and coercive measures. The crucial problem is the changing role of the bureaucracy which could be the main protagonist of reforms or, just the opposite – its main opponent. From this point of view the author summarizes positive and negative aspects of absolutist reforms making outlook on the comparative experience of other absolutist empires of Europe and Asia.
The idea of ligalization of bribe giving for certain types of bribes was expressed by K. Basu in 2011 and got a name Basu proposal. In this paper we discuss effects that can be caused by the direct implementation of this proposal. Our game-theoretic model shows that while legalisation of certain bribe-giving occurances can lead to some positive consequences, it is not always a good idea to return bribe to the bribe-giver as suggested by Basu. The chance to get the paid bribe back increases the amount of bribes that end up in corrupt officials' pockets.
This article is devoted to the Digest of the Laws of the Russian Empire – an embodiment of the operative legal system in late imperial Russia. Even though the Digest contained the law in force, and thus should be studied as a crucial source on Russian (legal) history, its meaning has been often overlooked. The reason for that is a remarkable difference between the original texts of laws adopted by the legislator, and their published form in the Digest. This difference came from the necessary editing procedures when every new piece of legislation was included in the existing system of the Digest. This strange feature of legal procedure when two different versions of a particular law – the original one and the one codified in the Digest – both remained in force should be considered as a part of official autocratic legality in late imperial Russia. Even though it may seem inefficient and irrational, the practice of obligatory codification of laws in the Digest existed for a rather long time – from 1835 until 1917. My research aims to find possible explanations for the Digest’s prolonged existence in the context of political and legal culture of late imperial Russia. What did Russian ‘official legality’ actually mean on the levels of theory and action?
This book proposes to cast some theoretical and empirical light upon the external dimension of Justice and Home Affairs (JHA) which has become a priority in the European Union (EU)’s external relations. Counter-terrorism, visa policy, drug trafficking, organized crime or border controls have indeed become daily business in EU’s relations with the rest of the world.
The external dimension of JHA is a persistent policy objective of the EU and its member states, as the 1999 Tampere summit conclusions, the 2000 Coreper report, the 2005 Strategy for the External Dimension of JHA, and the integration of JHA chapters under the European Neighbourhood Policy testify.
With an interdisciplinary ambition in mind, this book reflects an attempt to draw together theoretical and empirical insights on the external dimension written by academic scholars that take an interest in questions of JHA and European Foreign Policy (EFP). It does so from an issue-oriented perspective (civilian crisis management, the European Neighbourhood Policy, counter-terrorism policy, visa policy, passenger name record) but also from a geographical perspective with in-depth analysis of the situation in the Western Balkans, Georgia, transatlantic relations and of the Mediterranean neighbourhood.
This book was published as a special issue of the Journal of European Integration.
We address the external effects on public sector efficiency measures acquired using Data Envelopment Analysis. We use the health care system in Russian regions in 2011 to evaluate modern approaches to accounting for external effects. We propose a promising method of correcting DEA efficiency measures. Despite the multiple advantages DEA offers, the usage of this approach carries with it a number of methodological difficulties. Accounting for multiple factors of efficiency calls for more complex methods, among which the most promising are DMU clustering and calculating local production possibility frontiers. Using regression models for estimate correction requires further study due to possible systematic errors during estimation. A mixture of data correction and DMU clustering together with multi-stage DEA seems most promising at the moment. Analyzing several stages of transforming society’s resources into social welfare will allow for picking out the weak points in a state agency’s work.