Олегов М.Д. Основания к отмене решения в порядке надзора: история и современность

Аннотация: This Article is prepared on the basis of my materials, reports and speeches at the International conferences and workshops, which were held in Moscow, Florence and Bruges in autumn 2007 to summer 2008. The purpose of this paper is to analyze existing normative achievements between Russia and the European Union (EU) in the context of proposals for conceptual grounds of a future Treaty between Russia and the European Union, which will replace the Partnership and Cooperation Agreement between Russia and the EU after 2007. The Partnership and Cooperation Agreement was a practicable and efficient instrument in relations between Russia and the EU. It does not reflect the experience, reached results and new problems of strategic partnership, as well as the essential changes, which occurred in Russia, in the EU and in the World. The PCA has become old, it does not fully reflect the reality of a modern relationship of strategic partnership, does not take into account membership of Russia in the WTO, or the changed geography of the EU, or indeed new challenges in the international arena. Today legal backgrounds of the relations between Russia and the EU have become weak. Rebilling the contractual basis of the EU-Russia strategic partnership is the main current problem in the relations between Russia and the EU. The challenge lies in replacing the central ground of legal achievements of their relations, and in modernizing the basic norms of the strategic partnership acquis. Unfortunately, there are a number of the political difficulties for the conclusion of the new Basic agreement on relations between the Russia and the EU. The problem is that the Parties have not solved yet, what they wanted to reach within the framework of established relations. Now only conceptual proposals for the future Agreement exist, but the concept for the development of the relations, which provided for the universal technological approach to the situations, is absent. This will reduce a dependency of the negotiation process from current political dischords and help to concentrate an attention on real problems of the strategic partnership. This Article looks at the current legal basis of relations between Russia and the European Union, sheds light on the main legal difficulties in working out a new agreement between Russia and the EU, analyzes initiatives concerning the content and form of the new agreement, and contributes proposals on the main objective of the future agreement. Also this material analyzes the impact of the Lisbon Treaty 2007 to the strategic partnership between Russia and the European Union.

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Abstract: This Article is prepared on the basis of my materials, reports and speeches at the International conferences and workshops, which were held in Moscow, Florence and Bruges in autumn 2007 to summer 2008. The purpose of this paper is to analyze existing normative achievements between Russia and the European Union (EU) in the context of proposals for conceptual grounds of a future Treaty between Russia and the European Union, which will replace the Partnership and Cooperation Agreement between Russia and the EU after 2007. The Partnership and Cooperation Agreement was a practicable and efficient instrument in relations between Russia and the EU. It does not reflect the experience, reached results and new problems of strategic partnership, as well as the essential changes, which occurred in Russia, in the EU and in the World. The PCA has become old, it does not fully reflect the reality of a modern relationship of strategic partnership, does not take into account membership of Russia in the WTO, or the changed geography of the EU, or indeed new challenges in the international arena. Today legal backgrounds of the relations between Russia and the EU have become weak. Rebilling the contractual basis of the EU-Russia strategic partnership is the main current problem in the relations between Russia and the EU. The challenge lies in replacing the central ground of legal achievements of their relations, and in modernizing the basic norms of the strategic partnership acquis. Unfortunately, there are a number of the political difficulties for the conclusion of the new Basic agreement on relations between the Russia and the EU. The problem is that the Parties have not solved yet, what they wanted to reach within the framework of established relations. Now only conceptual proposals for the future Agreement exist, but the concept for the development of the relations, which provided for the universal technological approach to the situations, is absent. This will reduce a dependency of the negotiation process from current political dischords and help to concentrate an attention on real problems of the strategic partnership. This Article looks at the current legal basis of relations between Russia and the European Union, sheds light on the main legal difficulties in working out a new agreement between Russia and the EU, analyzes initiatives concerning the content and form of the new agreement, and contributes proposals on the main objective of the future agreement. Also this material analyzes the impact of the Lisbon Treaty 2007 to the strategic partnership between Russia and the European Union.

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