Vinogradova P.A. —
Control over the lawful activity of non-governmental organizations
// Politics and Society. – 2017. – ¹ 5.
– P. 46 - 55.
DOI: 10.7256/2454-0684.2017.5.20337
URL: https://en.e-notabene.ru/psmag/article_20337.html
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Abstract: This article is dedicated to the analysis of legal regulation of the questions regarding realization of control over the work of non-governmental organizations, as well as limits of such control. Special attention towards the question of legal regulation of the aforementioned activity is substantiated by the contestation of corresponding norms in the Constitutional Court of the Russian Federation (Judgment of April 8, 2014 No. 10-P) and recommendations of the European Commissions for Democracy through Law, also known as Venice Commission (CDL-AD(2014)025, CDL-AD(2016)020-e). Examination of peculiarities of judicial control on the disputes associated with the limitations of rights of the non-governmental organizations necessitate the need for enhancing efficiency of exercising their powers by public authorities. Adoption of the Code of Administrative Court Procedure alongside the legislative consolidation of the peculiarities of control activity with regards to separate non-governmental organizations imply changes in the judicial practice on disputing decisions made by public authorities. Relevance of this research is justified by the tasks on transformation of the institution of judicial authority, establishment of effective mechanisms of control activity, as well as strengthening requirements towards the judicial opinion. The author indicates the trends on improvement of legislation in the analyzed area.
Vinogradova P.A. —
Legal grounds of application in court procedure of the jurisdictional immunities principles of a foreign state
// International Law. – 2017. – ¹ 1.
– P. 19 - 25.
DOI: 10.7256/2306-9899.2017.1.18470
URL: https://en.e-notabene.ru/wl/article_18470.html
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Abstract: The subject of this article is examination of the question of realization of the principles of jurisdictional immunities of a foreign state, as well as possibilities of attraction of private public institution towards the lawsuit based on private law. The goal of this work consists in the analysis of jurisdictional immunities concepts, provisions of international treaties in this field, and practice of various states regarding its restriction. The results of the review of the questions at hand allow generalizing the requirements of Russian legislation in the area of limitation of the jurisdictional immunities of a foreign state and legal grounds for its application in considering the disputes in the Russian courts. The scientific novelty is substantiated by the upcoming changes in the aforementioned area of legal regulation in Russia. The Federal Law No. 297-FZ of November 3, 2015 “On the Jurisdictional Immunity of a Foreign State and Foreign State’s Property in the Russian Federation” alongside the Federal Law No. 393-FZ of December 29, 2015 “On Amending Certain Legislative Acts of the Russian Federation due to the Adoption of Federal Law On Jurisdictional Immunity of a Foreign State and a Foreign State’s Property in the Russian Federation” have become effective since January 1, 2016.
Vinogradova P.A. —
The principles and norms of international law as the basis of jurisdiction of the Russian judicial authorities
// International Law. – 2016. – ¹ 2.
– P. 14 - 25.
DOI: 10.7256/2306-9899.2016.2.18860
URL: https://en.e-notabene.ru/wl/article_18860.html
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Abstract: The subject of this research is the questions of jurisdiction of disputes to the judicial authorities of the Russian Federation. The main goal of this work is the examination of jurisdictional elements of the judicial branch. One of the factors of approaching jurisdiction of one or another court is the presence of circumstances conducing fairness of judgment. The choice of jurisdiction is substantiated by recognition of the authority of the resolution court by the participants of the process. It is also affected by the definition of criteria, which allow comparing the subject of the dispute with the questions attributed to the jurisdiction of national authorities, as well as the conditions for its resolution of international institutions. A subsidiary role of the intergovernmental authorities on the protection of human rights It is generally recognized. Codification of such role within the international law allowed demarcating the competency of the national and international judicial institutions. At the same time, it was followed by various interpretation of this role, as well as by the excessive interference into the domestic affairs of the sovereign states. The results of this research allow the author to substantiate a thesis on correspondence of the authority of the branches of judicial power of the Russian Federation on questions pertaining to state political system with the principles and norms of international law.
Vinogradova P.A. —
Legislative requirements to the procedure of election of heads of regions and municipalities of the Russian Federation by legislative (representative) authorities
// Administrative and municipal law. – 2015. – ¹ 7.
– P. 726 - 731.
DOI: 10.7256/2454-0595.2015.7.14348
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Abstract: The legal status of officials is a basic institution of constitutional law; it requires a complex analysis within the measures taken to improve public administration and local self-government. The purpose of the work is the description of a new model of legislative procedure of election of higher officials of regional and municipal levels. The procedure of elections is the subject of the research. Consideration of these questions in the context of law-enforcement practice is the main objective of the study. This predetermines the relevance of this work for practitioners. The intensive dynamics of improvement of federal legislation in this sphere determines the relevance of the order of election of higher officials of regional and municipal levels. The conclusions of the article allow the use of new legislative provisions in accordance with constitutional principles.