Reference:
Gavrilov, V.V..
Formation and international
legal capacity
of the «ASEAN Plus Three» forum
// LEX RUSSICA (Russian Law).
2013. № 8.
P. 865-874.
DOI: 10.7256/1729-5920.2013.8.62909 URL: https://en.nbpublish.com/library_read_article.php?id=62909
Abstract:
The article is devoted to the analysis of the activities of the «ASEAN Plus Three» forum as a specific
form of cooperation of the Eastern Asian states. It includes a brief historical overview of the formation of the
ASEAN Plus Three and key stages of cooperation of its Member States. Taking examples of institutional and
norm-making mechanisms, which function within the framework of the ASEAN Plus Three, the author shows
the key differences between this union and international inter-governmental organizations, possessing international
legal personality. Analysis of these specific features shows that their member states are currently
not ready to form a developed network of international treaties on the main spheres of their cooperation.
The Forum functions via organization of activities of various meetings and working groups, which form legally
non-binding declarations and show the low level of legalization of the relations among their Member States.
The ASEAN Plus Three Forum as an international union has some specific features compared with the «classic»
international organizations. Among such features one can point out the absence of international legal capacity,
multi-level coordinational character of activities of its institutional divisions, which do not provide for the
possibility of making decisions, which would be legally binding for the Member States; presence of consensusbased
mechanism, which is aimed for the development and acceptance of political documents.
Keywords:
jurisprudence, international, inter-governmental organizations, international legal capacity, regional cooperation ASEAN, institutional mechanism, norm-making mechanism, forum.
Reference:
Narutto, S.V..
Dismissal of the chief official
of the constituent subject
of the Russian Federation
from his position by the President
of the Russian Federation
// LEX RUSSICA (Russian Law).
2013. № 7.
P. 698-705.
DOI: 10.7256/1729-5920.2013.7.62883 URL: https://en.nbpublish.com/library_read_article.php?id=62883
Abstract:
The article includes analysis of the federal and regional legislation, as well as the judicial practice on
constitutional responsibility of a head of a constituent subject of the Russian Federation. The author evaluates
the grounds, initiation and other aspects of the procedure of the dismissal of the chief official of the constituent
subject of the Russian Federation from his position. The author notes gaps in the legislation, ambiguity in
the formulae of the offences, and she makes a conclusion that the «loss of trust of the President of the Russian
Federation» is quite doubtful as a legal basis for the dismissal of the head of the constituent subject of the
Russian Federation from his position, taking into account the constitutional provisions for the independence
for the constituent subjects of the Russian Federation, which do not provide for the hierarchical subordination
of the head of the constituent subject of the Russian Federation to the federal government.
Keywords:
jurisprudence, head of the constituent subject of the Russian Federation, trust, lack of trust, responsibility, dismissal, President of the Russian Federation, undue, court, constitutional.