Bartsits Valeriya Igorevna

The study of jurisdiction allows us to present the most significant trends in the evolution of modern law.The concept of jurisdiction is a complex issue with various interpretations.There are ongoing scientific discussions about each of the hypostases where jurisdiction appears,and these discussions have considerable implications for law enforcement practice. Conventional legal theory states that national jurisdiction is a crucial component of the legal framework that applies to a single state or commonwealth of states. In the late 20th and early 21st centuries, many regional and universal international conventions were adopted to regulate jurisdiction disputes in the field of civil law.Theyspecifythe subjects of the courts’ jurisdiction, set forth the procedures for recognizing and executing judgments made by foreign courts, determine the process for enforcing those judgments, and decline to grant exequatur. If a court has the authorityto decide a case involving a foreign element,it must go through a multi-step process to determine which jurisdiction to exercise. The article examines how Russian law and the legislation of several other nations handle the issue of jurisdictional choice, the steps involved in making that decision, and the key doctrines that the court should follow.

The article reveals the origin and genealogy of the concept of ‘acquis communautaire’ and the content of the ‘legal heritage of the European Union’, shows the dynamic nature of its scope and content depending on the objectives of EU policy, notes the phenomenon of ‘acquis communautaire’ as an instrument of EU internal and external policy. The author proposes to consider this phenomenon from the very beginnings of European integration, from the birth and transformation of the concept of ‘standards of civilization’ to its modern content. The concept of ‘acquis communautaire’ symbolizes all the legal and political achievements of Europe in the entire history of its existence. The legal and political standards embodied by the ‘acquis communautaire’ largely replaced the older and visceral formulation of ‘standards of civilization’. Nevertheless, in science and practice of the law of the European Union there has not yet been formed a unified approach to understanding the scope and content of the ‘acquis communautaire’. The author comes to the conclusion that the ‘acquis communautaire’ is not so much a legal category as a complex and interdisciplinary concept, including the EU primary and secondary law, ‘soft’ law, as well as ‘non-normative’ sources. ‘Acquis communautaire’ reflects the dynamic nature of the legal order of the European Union; it is a constantly evolving concept that affects the legal, political, social and historical sphere. At the same time, the universal nature of the ‘acquis communautaire’ makes it necessary to clarify the content of each of its elements in each specific case of application of this concept. Thus, in the domestic field of application of the ‘acquis communautaire’ by the institutions of the European Union, the main goal is to develop the EU based on its political, legal, economic and cultural heritage. In the external field of application, the goal is to ‘promote’ the values and principles of the European Union beyond its limits, to maximize the preparation of candidate countries to join the EU and to adapt advanced achievements of economic, political and legal cooperation by third countries. The author is of the opinion that the ‘acquis communautaire’ changes the scope of its activities in accordance with the objectives of its application.

The anniversary of the French Constitution gives timeliness to an attempt to revise the models of organization of state power reflected in it. Taking into account the approaching round date in the history of the Russian Constitution and the opinion shared by many researchers about the similarity of the Basic Laws of the two countries, the analysis of the origins of formation, the conditions of becoming, and the specifics of functioning of the French Constitution is extremely relevant. The paper considers the history of creating the document, the changes that it has undergone since its adoption, the fundamental distinctive features, methods and mechanisms of interaction between the branches of government. The Constitution of the Fifth Republic was adopted at a time of crisis for France. Analyzing the provisions enshrined in the Constitution, the authors come to the conclusion that, despite the difficulties of formation, the model of organization of state power in France has been formed. The complex nature allows it, depending on the political conjuncture, to become either parliamentary or presidential. This ensures the stability and efficiency of the model during periods of coexistence of the authorities and under presidential-parliamentary power.