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Реферат Legal globalization: law, inevitability, prospects





ified Convention and reports to it at consideration of cases with participation of the Russian Federation.certain interest is caused by the more general statement of question on the parity of the international and national law, the questions connected with implementation of the conventional principles and norms of international law in corresponding national legal system. The given question (it sometimes calls the question of domestic officials in frameworks of global processes) proceeds from the normative positions fixed in Part Four Article 15 of the Constitution of the Russian Federation.of processes of globalization on the sphere of law is shown in the phenomenon of legal standardization. If at the beginning and the first half of the twentieth century it was possible to speak about the rapprochement of legal forms happening gradually in the process of objective development of the public systems in the direction of their rapprochement with coming of the epoch of globalization the given processes have got the new qualitative measurement. At present it is necessary to speak not about rapprochement, namely about unification, about introduction of uniform standards in the legal sphere. In essence it is possible to speak about purposeful standardization of the legal phenomena and processes.this tendency has mentioned the humanitarian law. It is proved by the European standards of human rights fixed in the above mentioned Convention on protection of human rights and fundamental freedoms. The given standards pawned in the normative complex of the national humanitarian right, provide its unification that, in turn, guarantees legal protection of a person irrespective of his formal - legal connection with the concrete state. Besides the humanitarian law is provided with rather effective over national mechanisms of protection.standardization has mentioned not only the sphere of the humanitarian law. The similar processes though and not so scale are happening in the national legislation in connection with the entry of the corresponding states into the World trading organization. The given processes of trading globalization generate standardization of the trading legislation.of the International organization of labour (SQUANDERER) and participation in it of the Russian Federation inevitability attracts inclusion in the domestic labour legislation of regulatative elements of the international labour law (though its existence as branch of international law is rather conditional) .if it is not the time to speak about the international trading standards and international labour standards at the same degree as we speak about the international humanitarian standards, the tendency of global legal development in the specified branch spheres is obvious.tendency of standardization has entered the sphere of legal techniques. It is known, that world legal space in that part it provides regulation, for example, economic relations, it is impossible without the unified document circulation of the corresponding subject of these relations taking place in searches of exit to the world market. The uniform unified forms of legal documents are gradually formed, development of uniform unified norms of registration of the financial documentation and the financial reporting, is developing.is possible to continue the long list of the examples showing active influence of processes of globalization on unification of legal forms. We shall note one more tendency concerning the procedural legislation. Globalization influence has mentioned even such sphere rigidly connected with the state sovereignty as the constitutional legal proceedings. Now it is possible to speak about the standard list of powers of the constitutional courts (bodies of the constitutional control) which to some extent fill the competence of the given bodies of different countries. The original unified list of powers of bodies of the constitutional justice can be differentiated in three main groups.first group makes powers on realization of the constitutional control of various legal acts. In the given case we mean first of all the subsequent control (sometimes speak about the repressive control) actually laws, other acts of the parliament, statutory legal acts of the head of the state, the normative legal acts issued by enforcement authorities, statutory legal acts of regional authorities (with reference to the states having the federal form of the territorial structure), at last, statutory legal acts of institutions of local government of municipal units. The preliminary control of acts refers to the given group of powers including the preliminary control of the international contracts.second group of powers of bodies of the constitutional justice can be conditionally named quazi control. We mean such powers as the right of the body of the constitutional justice to establishment of illegality of blanks in legal regulation, consideration of individual c...


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