Suchergebnisse

The article discusses the features of teaching municipal law at the Faculty of Law of Moscow University. This was in uenced by various factors, the central place among which is the dynamics of ideas about the essence of local self-government. The issues of teaching municipal law at Moscow University are traditionally included in the range of tasks of the department related to the organization of state power - the department of state law, Soviet construction, now - the department of constitutional and municipal law. The teachers of the department have made and continue to make to the formation of local self-government and Russian statehood. Devoting their work to the problems of the organization and activities of local authorities, the teachers of the department, on the one hand, maintained the continuity of scienti c views, strengthening the traditions of the national state-law school, and on the other hand, they created the foundation for future statelegal (constitutionallegal) transformations, sensitively responding to the requirements of the time, and sometimes ahead of them. Special attention is drawn to the fact that the issues of teaching municipal law at Moscow University are traditionally included in the range of tasks of the department related to the organization of state power - the department of state law and Soviet construction, now - the department of constitutional and municipal law. The paper points to the contribution that the teachers of the department have made and continue to make to the formation of local self-government and Russian statehood as a whole.

The subject. The article is devoted to integration of conflictology theory in legal science. The purpose of the paper is to confirm or disprove hypothesis that theoretical mechanisms of conflictology may be effectively applied into constitutional legal theory to prevent con‐ stitutional legal conflicts.The methodology of the study includes general scientific methods (analysis, synthesis, description) and sociological approach.The main results and scope of their application. The author describes the genesis of legal conflictology theory in different humanitarian sciences and its periodization, including integration of conflictology theory in legal science. The author substantiates necessity and justification of application of theoretical and methodological bases of science of conflictology in the constitutional and municipal law for the purpose of forecasting, identification and the resolution of the corresponding constitutional and legal conflicts.Conflictology of constitutional and municipal law is a research level of legal conflictology. The subject of this kind of conflictology are legal conflicts in constitutional and municipal law, their prediction, identification and resolution. It is necessary to take into account the following postulates of the General theory of conflictology in the study of legal conflicts in constitutional and municipal law:– the conflict is natural, objective and acts as an integral property of social life;– the social conflict at the same time acts as a stabilizing factor of functioning of social system;– social conflict is a complex social phenomenon as well as a process having structural, spatial‐temporal and dynamic characteristics;– the organic connection of law conflict with the law. The legal conflict arises about legal phenomena, it is realized under the influence and with the application of legal norms, it is resolved on the basis of legal regulation;– there is a special kind of political conflict that arises within the existing government, where each of the groups within the ruling class has more private interests and its own vision of the situation.Conflictology of constitutional and municipal law bases on the general theoretical postulates of the science of social conflicts. Constitutional conflict is a political type of social conflict – a disagreement between the subjects of constitutional and municipal legal relations over constitutional values, which can be transformed into legally significant conflict and generate legal consequences.Conclusions. The object of scientific knowledge of legal conflictology in constitutional and municipal law is a constitutional and legal conflict, the study of which should be based on the above postulates of the general theory of conflictology, and can not be limited to purely legal knowledge. ; Рассматривается процесс формирования юридической конфликтологии на основе различных гуманитарных наук, этапы развития научных представлений о конфликтологии и их интеграции в юридическую науку. Обосновывается необходимость и оправданность применения теоретических и методологических основ науки конфликтологии в конституционном и муниципальном праве в целях прогнозирования, выявления и разрешения соответствующих конституционно‐правовых конфликтов.

Adjusting the legal status, and support policies for migrant workers is an issue on the agenda of international institutions for nearly a hundred years. The first efforts to protect foreign workers have been taken during the first session of the International Labour Conference in 1919. In the following decades ILO activities has led to the preparation of three international documents concerning this issue (non-binding ILO Convention No. 66 in 1939, and Convention No. 97 of 1949, and No. 143 of 1975). For many decades, the problem of the protection and assistance of migrant workers' rights was considered as a narrow issue of international labor law. Codification efforts, undertaken during seventies, has led to the adaptation of the UN document (International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families) in 1990, and inclusion this issue into more general area of international human rights law. Despite this fact, and the existence of several categories of documents concerning migrant workers within Council of Europe, the European Union, and even ASEAN, the protection of migrant workers has never been effectively functioning system. The aim of this article is the analysis of the codification of that issue, and the main obstacles to consensus on the protection of migrant workers' rights. The state parties of the UN Convention contains primarily countries of origin of migrants (such as Mexico, Morocco and the Philippines). It seems, therefore, that despite 46 ratifications the, UN convention does not have a global character, and activities of its monitoring body (Committee on Migrant Workers-CMW) reflects primarily demands of sending countries. The article closely examines particularly controversial provisions of the ILO and UN documents from the point of view of current labour migrations and policies of sending and host countries.

УДК 342The subject. This article is devoted the municipal reform 2014-2016. The reform of state are institutes of territorial organization, organizational principles, competency bases of local self-government.The purpose of this paper is to show that the municipal reform 2014-2016 is directed on limiting local self-government and the subordination of local self-government to state authorities of the subjects of Russia.Methodology. The author uses a dialectical method, a method of analysis and synthesis, a formal legal method, a comparative legal method.Results, scope. Urban districts with intracity and intercity division areas – two new municipalities have been legally introduced. In science municipal law formed two points of view on the admissibility and feasibility of separating the urban district in the inner city areas. According to the first point of view, the separation of large urban districts in the inner city areas is acceptable and appropriate. According to the second point of view, the separation of large urban districts in the inner city areas is unacceptable and inappropriate. The author adheres to the second point of view, since the introduction of a two-tier model of local government organization would violate the principle of unity of municipal economy, will lead to the rupture of a single urban space on the organizational and financial sustainability areas dependent city district, will lead to a sharp increase in the number of deputies and municipal employees, unnecessary increase financial expenses.Municipal and regulatory policy in the sphere of organizational principles of local self-government is aimed at the maximum limit of direct elections of the population of the local self-government, which leads to their further alienation from the local authorities (the direct election of saved only 11 urban districts (13 %), which are the administrative centers of the subject of the Russian Federation). In addition, the actual subject of the Russian Federation determines the organizational model of local self-government for all the municipalities in its territory. This contradicts the Russian Constitution and the European Charter of Local Self-Government.Federal Law No. 136-FZ of the legislation on local government introduced a completely new institution – the redistribution of powers. In accordance with pt. 1.2 of Article 17 of the Federal Law No. 131-FZ of the laws of the Russian Federation subject may be a redistribution of powers between the local authorities and public authorities of the RF subject. The norms of the Constitution there is no reference to the possibility of transmission to public authorities of powers of local governments to address local issues. From the analysis of the norms of the Constitution, the European Charter of Local Self-Government, the legal posi-tion of the Constitutional Court is apparent that the public authorities as a general rule is not entitled to decide local issues, to withdraw from the jurisdiction of the powers of local government. Meanwhile, as of March 1, 2017 34 subjects of the Russian Federation adopted laws on the redistribution of powers between the local authorities and public authorities of the Russian Federation.The results of the study can be applied in the design of the legal regulation of Institute of territorial organization of local self-government; Institute organizational principles of local self-government; Institute of competency bases of local self-government.Conclusions. Analyzing the latest evolution of municipal law the author comes to the conclusion that the target of the municipal reform 2014-2016 proclaimed by the legislator – the restoration of the lost connection between citizens and local self-governments – is clearly declarative in nature. The real target of the reform is a gradual, but consistent inte-gration of local self-government into the system of public authorities. ; УДК 342Статья посвящена анализу муниципальной реформы 2014–2016 гг. В состоянии реформирования находятся институты территориальной организации, организационных и компетенционных основ местного самоуправления.Были законодательно введены два новых вида муниципальных образований – городские округа с внутригородским делением и внутригородские районы. В науке муниципального права сформировались две точки зрения относительно допустимости и целесообразности разделения городского округа на внутригородские районы. Согласно первой, разделение крупных городских округов на внутригородские районы допустимо и целесообразно. Согласно второй, подобное разделение недопустимо и нецелесообразно. Автор придерживается второй точки зрения.Муниципально-правовая политика в сфере организационных основ местного самоуправления направлена на максимальное ограничение прямых выборов населением органов местного самоуправления, что приводит к его дальнейшему отчуждению от местной власти (прямые выборы сохранены всего в 11 городских округах (13 %), являющихся административными центрами соответствующих субъектов Российской Феде-рации).Федеральным законом № 136-ФЗ в законодательство о местном самоуправлении введен совершенно новый институт – перераспределение полномочий. В соответствии с ч. 1.2 ст. 17 Федерального закона № 131-ФЗ законами субъекта Российской Федерации может осуществляться перераспределение полномочий между органами местного самоуправления и органами государственной власти субъекта РФ. В нормах Конституции РФ отсутствует указание на возможность передачи органам государственной власти полномочий органов местного самоуправления по решению вопросов местного значения.

This article deals with the issues of regulation of property relations of spouses in private international law. The article deals with the conflict issues of marriage, as well as the contractual regime of a property of spouses. The article reveals the content of the Minsk and Chisinau conventions on property relations between spouses. In particular, the conventions say that the property relations between spouses are determined by the legislation of the Contracting Party in whose territory they live together. If the husband lives in one Contracting State and the wife in the other and both have the same nationality, the law of the country of which they are nationals governs their property relations. Attention is paid to bilateral agreements on legal assistance to States in the field of property relations between spouses. For example, such an agreement exists between Russia and Estonia, and it helps to resolve various property issues between spouses. The domestic legislation of different States regulates the issue of determining the regime of matrimonial property in different ways. For example, in the States of the Anglo-Saxon legal system and in most Muslim countries there is only a regime of separate property. On the contrary, in the States of the Romano-German legal system, preference is given to the regime of the common property of spouses, and it is possible to establish a different regime of property relations by agreement of the spouses. According to this principle, and developing family law in Russia.

This book explores the issue of environmentally-induced migrations from the point of view of international human rights law, international humanitarian law, international refugee law and international law of statelessness. Last few years have become a period of unprecedented growth in the number of studies devoted to the forced migration caused by climate change. The book by professor Jane McAdam, published by Oxford University Press, differs significantly from previous studies in this area. The focus of the author became a state responsibility for the situation of climate-change induced displaced people with a particular focus on legal aspects of this problem. The basis of the author`s considerations are four particular areas of public international law: international human rights law, international humanitarian law, international refugee law and international law of statelessness. The issue of climate change-induced displacement is now becoming a growing challenge for public international law. The growing number of climate change migrants becomes a challenge for the international istitutions dealing with humanitarian assistance. Sea level rise become a factor of specific legal problems, such as climatic deterritorialization of the state, state succession on the new territory, the status of people forced to leave their country submerged under the waters of ocean (forced migrants?, refugees?, stateless people?, citizens of the former country continuing its status within a new territory?).