DOI: 10.7256/2454-0706.2018.4.26147

Abstract: The subject of this research is the content of the doctrine of “protection of legal expectations” in the countries of general and continental law, and the principle of support of the trust in the law and state actions in the context of the principle of rule of law, recognition of human rights and liberties, natural justice, analysis of the theory and practice of application of general constitutional and branch principles, as well as the issues of their realization (including the principle of the rule of law) in the Russian law with consideration of normativistic legal understanding. The main conclusions of the conducted research consists in the absence of a somewhat formalized system of official views upon relationship between the branches of public authority with the citizens, impeding the realization of the principle of the rule of law and creation of an efficient state administration (which would include the legislative and executive activity, and justice), the declared by the Constitution of the Russian Federation rule of law, as well as recognition and respect of the human rights and liberties. The content of the principle of support of citizens’ trust in the law and state action, formulated by the Constitution Court of the Russian Federation, in contrast to the Western doctrine, first and foremost, does not cover the entirety of the range of relations emerging in the course of realization of authority by the branches of public authority, and secondly, in light of the absence of formalization of this principle in the specific legal norms, it limits the courts in its application.

DOI: 10.7256/2454-0706.2018.4.24939

Abstract: The subject of this research consists in the norms of the legislation of the Russian Federation and Azerbaijan regulating the internal corporate relations within publicly traded companies and LLC, as well as the rulings of the higher courts and legal doctrine of the countries in question. The object of this research is the internal relations within PTCs and LLCs of these countries. The authors research the prospects and horizons for the internal corporate and inter-corporate relations, comparing these concepts based on the doctrine of the Russian Federation and Azerbaijan. The novelty of this research lies in the comparative legal analysis of the regulation of internal relations within the PTCs and LLCs in Russia and Azerbaijan. The work employs the materials from the current Russian and Azerbaijan legislations with consideration of their latest revisions.

DOI: 10.7256/2454-0706.2018.4.25997

Abstract: This article reviews the major reforms that took place over three recent decades in the labor legislation of Spain. The author discusses the characteristic duality of the job market, expressed in a broad use of the certain types of contracts varying in degree of guarantees implied to an employee. The author reveals the reason of the current inequality in the employment sphere, which has become an actual issue for all participants of labor relations. Special attention is given to the strategy selected by the young specialists, who embark upon the career in the conditions of heightened competition. The article contains the references to a number of official documents that regulate the questions of employment at the national level, as well as provide the instruments for stimulating the entrepreneurial activity. The author introduces the statistical data of Eurostat ant other analytical reports regarding the state of youth unemployment. A conclusion is made that the labor regulations make the young specialists vulnerable, particularly in the time of recession, when a priority task of business owners becomes the rescue of capital rather than the preservation of jobs. The reforms in labor system are mostly aimed at protection of the interests of entrepreneurs, which causes public disapproval.

DOI: 10.7256/2454-0706.2018.4.25501

Abstract: This article is dedicated to substantiation of the possible use of ideology in public administration. The current situation in public administration is described as an information crisis that is a result of a large volume of information used in adoption of an administrative decision. In the course of social development, the character of such situation will be complicated due to the acceleration of information production. At the same time, the existing means of optimization of administration, for example mathematical modelling, can be applied in the everyday administration. In terms of considering the public administration from the perspective of the theory of decision-making, its optimization can be achieved through the reducing the entropy of the situation of choice of goals aimed at solution of the problematic situation. It implies that the chain of decision-making contains an additional section – the establishment of correspondence between the goals aimed at solution of the administrative problem and the positions of ideology. The author believes that in order to ensure optimization of public administration, the ideology must be viewed from the perspective of the systemic-information approach, as it can form the scientifically substantiated representation on the degree of orderliness, information capacity, and possible clarification and adjustment of the ideas comprising the conceptual foundation of ideology. The interrelation between the administration goals and values contained in ideology can be considered as a dynamic system, within the framework of which the goals form a factor of variability in such system, while the value forms a factor of sustainability. A conclusion is made that the desire to exclude ideology from public administration is the measure that increases the difficulty of administration.

DOI: 10.7256/2454-0706.2018.4.26122

Abstract: The subject of this research is the legislation of institutions of the European Union in the area of development of the European Energy Union. The object of this research is the documents of institutions of the European Union: European Commission’s Third Report on the State of the Energy Union; Decision on establishment of the information exchange mechanism regarding the intergovernmental agreements and non-binding documents between the EU member-states and the third countries in the area of energy; and the measure on ensuring security to gas supply to the European Parliament of the Council of the European Union. Special attention is given to examination of the regulation of documents dedicated to the improvement of energy efficiency of the economies and reduction of dependency of the EU member-states on the import of energy products from the third countries. The main conclusion consists in the statement that the European Union continues forming the political legal foundation for the Russia-European Union relations in the area of energy. The scientific novelty lies in examination of regulations regarding the three levels of crisis situations, caused by the disruption of gas supplies to the EU member-states; the first of which is the level of early prevention, second – level of informing, and third – level of emergency situation. The author’s main contribution is the determination of danger to Russia, which can be inflicted by the application of legal norms of the European Union in the area of energy.

DOI: 10.7256/2454-0706.2018.4.24633

Abstract: This article attempts to analyze the common and peculiar within the content of the European constitutions of the XVIII-XIX centuries from the perspective of the philosophical-legal ideas of Antiquity. Special attention is given to the impact of Plato’s and Aristotle’s doctrines upon the spirit of the two constitutional acts of France, Germany and Poland. In the author’s opinion, the concepts of the Ancient Greek thinkers did not fade their importance for the legal science, which is defined by the demand of modern society for the establishment of positive sustainable values during the era of global transformations. The author substantiates a thesis that for finding an optimal balance of values within the modern theory of constitutional law, become relevant the methods proposed by the thinkers of Ancient Greece. Implementation of Aristotle’s principle of the golden mean from the perspective of legal science suggests that the key goal of constitutional regulation is the ensuring of compromise of all social strata through achieving the mathematical equilibrium of the axiological system. However, the realization of the concept of axiological formation of the future with the help of constitutional acts allows affecting the social relations, which cannot develop in any other way rather that the correlating influence by the norms of basic law.

DOI: 10.7256/2454-0706.2018.4.25339

Abstract: This article examines the role of the constitutional design in creating the normative legal and theoretical grounds of the Russian monarchic bicameralism; scientific approaches of the national liberal political scientists and constitutionalists towards understanding of bicameralism as a two-chamber parliamentary structure in the early XX century; correlation between parliamentarism and other types f constitutional monarchy within the practice o parliamentary institutions; conservative persuasions and views of the state reformers upon the capabilities and boundaries of the monarchic bicameralism in the Russian Empire; legal and political factors of the functionality of State Duma and State Council in terms of the conservative monarchic constitutionalism of the 1906-1917. The author applies the method of constitutional design for the more profound understanding of the conflict between the constitutional liberal and conservative protective models of Russian reforms in the early XX century. The scientific novelty consists in determination of the Russian specificity of legal and political nature of the monarchic bicameralism, using the method of constitutional design, comparative legal and specific-historical analysis, as well as the problem of implementation of the principles of discontinuity and continuity, and other principles of interaction between the State Duma and State Council. The author outlines the constitutional design and functionality of the Russian bicameralism in the beginning of XX century, which demonstrate the bicameral structure of the representative government in Russia mostly among the lawyers-constitutionalists and constitutional democrats. The conservative bureaucratic circles of the reformers did not share the values of progressive bicameralism and parliamentarism, compounded into a single constitutional project of parliamentary bicameralism.