Legal globalization of property relations: trends and directions of development
Автор: Aleynikova Anastasia Borisovna
Журнал: Правовое государство: теория и практика @pravgos
Рубрика: Гражданское и семейное право. Гражданский и арбитражный процесс
Статья в выпуске: 1 (55), 2019 года.
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When considering the impact of the general globalization of public relations on national legal systems, it is impossible to ignore the Russian legal system. Therefore, the study of globalization phenomena characteristic of the sphere of law is being actualized: their prerequisites, essential features, etc., while special attention is required to study the impact of globalization processes on the legal regulation of property relations. Global law has not yet developed into a system that includes a stable set of "its" norms, a certain range of subjects, its jurisdiction. But it is not entirely possible to agree that it is impossible to talk about universally recognized sources of global law - humanity in many areas of law already has universally recognized (global) norms and adheres to them. Although there has not yet been adopted a global (world) constitution or a code of precedents on the basis of which it would be possible to differentiate global and national norms, a global judicial system has not been formed, etc., elements of all this are already evident. For States that have experienced a transitional period, it is important to consolidate legal mechanisms for the redistribution of property rights, where interested groups appeal to the authorities, use it or seek patronage, forming systems of power patronage over property. This path seems to be traditional in new market economies, but political decisions on property signal that the authorities are going beyond the legal limits of their participation in the process of redistribution of property rights. Therefore, a comprehensive legal regulation of property relations is necessary.
Property relations, globalization, complex legal regulation, redistribution mechanisms, judicial system
Короткий адрес: https://sciup.org/142234134
IDR: 142234134