Moscow, 3 Bolshoy Trekhsvyatitelsky Pereulok, rooms 420a, 452b
The author presents the outcomes of academic research on anti-corruption legal framework in the Russian Federation conducted as a part of comparative study on anti-corruption legal framework in the BRICS countries. Special attention is paid to implementation of anti-corruption compliance in Russian organizations.
The author presents outcomes of academic research on anti-money laundering in Russia conducted as a part of the comparative study on anti-money laundering and anti-corruption in the BRICS countries.
Professor Aron Trainin (1883–1957), an outstanding Russian and Soviet criminal law scholar, has played a leading role in academic support of the Soviet Union’s team in Nuremberg and contributed to the drafting of the IMT Charter and Judgment. His writings to a large extent shaped the Soviet approach to international criminal law. The chapter addresses Trainin’s biography and follows the major steps in his academic career from its beginning in tsarist Russia to its the peak, when Trainin held the positions of associate member of Soviet Academy of Sciences and professor at Moscow University. The chapter traces the sources of Trainin’s interest in international criminal law and addresses the scholar’s contribution to the ICL. The author focuses specifically on two areas, where the impact of Trainin’s was significant – a legal justification for crimes against peace, and the concept of complicity.
The article is devoted to the comparative analysis of asymmetric jurisdiction clauses in international procedural law. The paper focuses, firstly, on a detailed analysis of the national and international approaches to the nature and interpretation of asymmetric jurisdiction clauses within international civil procedure, and, secondly, on the rules on interpretation, validity and enforcement of such clauses under different jurisdictions and private international law in general. After examining the accumulated case law and theoretical material, particular attention is paid to the issue that currently there is a number of different grounds for recognition of asymmetric jurisdiction clauses as valid. Although Russian courts tend to invalidate such clauses, the issue has not been unambiguously resolved and requires reconsideration of the established approaches in light of the recent trends on international level. Thus, particular attention is paid to the highly problematic and contradictory aspects of unilateral dispute resolution provisions under the general principles of law, including autonomy, mutuality and equality of the parties. The article proposes to reconsider the most typical arguments for invalidating such clauses, both in terms of substantive and procedural principles. Analysis of these issues is of key theoretical and practical importance for the effective evolution of modern arbitration and litigation practices not only in Russia but all over the world.
‘The General Part of Private Law: Historical Roots – Efficiency in the 21st Century’ is the collected papers published as the 12th volume in the series ‘Writings on the development of the system of private law’ edited by Christian Baldus und Christian Pohl. It is a follow-up to ‘Der allgemeine Teil des Privatrechts: Erfahrungen und Perspektiven zwischen Deutschland, Polen und den lusitanischen Rechten’ Peter Lang GmBH, 2013 – 556 S. The collected papers result from two conferences and two research seminars held in Poznań and Heidelberg in 2010–2016 in order to investigate the efficiency of the general part of private (civil) law for lawmaking, legal scholarship, education, and, to lesser extent, judicial decision-making in the historical and comparative perspective.
The book is the result of an extensive research conducted by professors of five academic institutions from Brazil, Russia, India, China and South Africa - the BRICS countries. The purpose of this work is to analyze the anti-corruption and anti-money laundering legislation in each of these countries, showing the similarities and differencies in terms of domestic legal frames and the international guidelines.
The present article critically assesses the investigations regarding the use of the legal concept of sovereignty in cyberspace. It is intended to consider the practical dilemma of legality of cyber-attacks through the prism of the principle of territorial sovereignty. The methodology employed in the investigation is based on an evaluation of the inter-state and academic debate on whether sovereignty is a concrete rule that can be violated by cyber-attacks or a general principle that is not operational. Then it attempts to develop a theoretical framework to define cyberspace in terms of territorial sovereignty, drawing lines between the debating sides on the normative nature of sovereignty and the theories on territorial sovereignty used in their argumentation. To conclude, the article recognizes the ambiguous nature of sovereign representations in cyberspace. However, it suggests that only a functional approach to state sovereignty would allow for a balanced resolution of the normative practical problems.
On March 18, 2020, Russia’s Supreme Court and the Counsel of Judges issued Joint Resolution No. 808 to address measures Russian state courts must take to limit the spread of COVID-19.
The Resolution makes reference to the Federal Law on Sanitary and Epidemic Safety, the Federal Law on Protection of the Population and Territory against Extraordinary Events,3 as well as a number of COVID-19-related resolutions and decrees already issued by the Russian healthcare authorities.
On April 21, 2020, the Presidium of the Supreme Court of the Russian Federation issued an “Overview of selected issues of judicial practice, related to the application of legislation and measures to stop the spread of the coronavirus infection (COVID-19) on the territory of the Russian Federation No. 1” (the “Overview”).
This Overview sets out a number of important clarifications on the practical application of recent legislative developments as well as recent COVID-19 related measures to dispute resolution, contract performance, creditors’ rights, the imposition of criminal liability for spreading fake news on COVID-19 and on administrative liability for the violation of sanitary rules and protective measures. We set forth herein a number of clarifications affecting contract performance and dispute resolution.
For the last five years there has been a global boom of interest in cryptocurrencies, followed by the fall of their rates; at the same time, there was a wave of enthusiasm regarding the public offering of tokens (ICO) and disillusionment in them (due partly to the active counteraction by American and other influential regulators). Disputes on doctrine moved from suggestions of a new object of property rights to prohibitive initiatives. As these eventful years have shown, the global financial system is sufficiently stable to digest even such a decentralized phenomenon as cryptocurrency. In my opinion, it is now time to recall the tribulations of former discussions and draw a conclusion concerning their interim (one hopes) normative results.
The world is connected — governments, business and people are increasingly living and working in a globally connected digital space. People no longer identify themselves as belonging to spatial communities (neighborhood, town, city or country) but by subscribing to digital ecosystems like Apple or Android, Facebook or VKontakte, etc. Governments use digital platforms at the local, regional and national levels to administer certain powers and procedures (even electoral campaigns) and to get feedback from their citizens. As citizens become digital citizens — connected to a wide range of internet resources including electronic government, banking, local management systems, as well as to social media and global internet companies such as Google and Yandex — they simultaneously become subject to rights, rules, laws, and regulations locally and globally. But what are those rights and rules and what do they entail? Who has the responsibility of ensuring that all citizens have equal access to them and are protected from exploitation? What governs the way that global and local digital businesses operate? The article discusses the exercise and protection of rights in online and offline ecosystems in Russia with special attention given to enabling participation by citizens and to multiple stakeholders online and offline. The recommendations and conclusions here may be applicable to all countries experiencing digital transformation.
This article is an attempt to consider the problems and obstacles associated with international recognition of Artist's Resale Right. Disclosing economical, legal and social aspects, along with the current law situation within the biggest no-resale rights countries, the authors have concluded that there is no significant barrier to introduce it trough-out the world.
This article considers the problems and obstacles associated with international recognition of the Artist's Resale Right. After examining economic, legal and social aspects of that right together with the current legal situation within the main countries that have so far rejected it, the authors conclude that there is no significant barrier to introducing it throughout the world.
The article covers the subject of forum shopping and regulatory com- petition in cross-border insolvencies and restructurings due to the im- pact of Directive of the European Parliament on preventive restructu- ring frameworks as well as the role of coronavirus pandemic. Looking at the experience of the European Union in handling bankruptcy and pre-bankruptcy forum shopping abuses, authors analyse the EU mo- del of preventive restructuring and its regulatory competition potential. They assess possible impact of COVID-19 on regulatory competition and forum shopping during insolvency and restructuring proceedings. The article draws parallels with Russian judicial practice
As for now, Russia has no particular law that regulates genome editing as such. Nevertheless, there are a number of instruments that can be considered applicable to this technology taking into account that genome editing is one of the gene therapy methods thus falling into the wide range of engineering technics used in medicine, biology and in medical biology (biomedicine) – i.e. spheres that are more or less regulated in Russia either nationally or through supranational treaties or recognition of international standards.
In this paper, three major aspects of the regulation in this field will be described: (1) gene therapy issues within medical and pharmaceutical law; (2) patent issues within general patent law; (3) ethical issues.
Gunnar Wiegand and Evelina Schulz have labelled the European Union (EU)'s trade facilitation efforts in the post-Soviet space as an integration 'in a rough neighbourhood'. With this in consideration, this article looks at the impact of the Deep and Comprehensive Free Trade Area (DCFTA) between the EU and Moldova on the development of the latter in a broader context of the EU's Eastern Partnership (EaP) and European Neighborhood Policy (ENP). There is a clear link between the EaP/ ENP framework, within which the policy of extending EU legislation to the post-Soviet states is actively promoted, and the Association Agreement with Moldova. Our analysis of the implementation of Moldova's economic integration into the EU market highlights not only positive but also several negative trends of this process. Namely, in the shorter term, Moldova's economic, political and social benefits from the DCFTA are far from sustainable, as they are primarily associated with drastic legislative changes, as well as an increase in the export of raw materials and low-tech goods. In the long term, however, the DCFTA provisions bear the potential for the sustainable development of Moldova; but the effectiveness of their implementation depends primarily on solving systemic problems in the country. Against this background, we then offer an analysis of recent transnational disputes over one of the most crucial elements of Moldova's sustainable development—namely, electricity. In particular, the so far latest ruling in the Energoallians 20 year-long row is essential both for the resolution of future transnational energy disputes under the Energy Charter Treaty (ECT) and for a better understanding of the EU's attitude towards Moldova and its further European integration.
Nowadays the growth of courts’ caseload is usual for most jurisdictions. However, post-socialist countries have extremely high rates of caseload. Authors prove that main reason of such caseload is more ineffectiveness of legal system and court organization as well as unjustified access to justice. This article focuses on the indisputable and small cases in Russian courts. The court system is overloaded as a result of necessity to engage in non-targeted activities. Thus, the judicial system is largely idle to the detriment of its primary purpose.
This book covers the challenges posed by digitalisation of labour markets in different countries of the world (a number of EU counties, Russia, Belarus, India, Arab countries and China). The authors address such aspects of digitalisation as: (1) the impact of new technologies in the labour market; (2) the impact of new technologies in the employees’ private life; and (3) the impact of new technologies on the labour process.
In this Chapter it is argued, that from the rhetorical perspective contemporary law can be understood as a system of topoi, that is sources of arguments, rather than a closed system of legal rules, organized into a strict hierarchy. The analysis of the judicial practice shows that the courts are quite selective in the choice of legal sources they use for justification of their decisions and do not feel obliged to give priority to the sources of law in compliance with the formal legal doctrine. Hierarchy of sources does not always rule the choice of the decision, but participates in judicial choices on equal footing with other considerations, which are also constitute parts of the system of legal topoi. In addition to topoi understood as sources of arguments, there are topoi understood as values. If topoi of the first category help to find the arguments, topoi of the second category rule the choice. The judges assign the weight to the topoi of the first category on the basis of topoi from the second category, thus the weight of the same arguments may be different in different jurisdictions, for different judges (as rhetors) or for different audiences. Politics, religion, historical development, scientific advances and other considerations affect the decision-making. Thus, the system of law from the topical angle looks not like an ordered hierarchy, but rather like concentric circles, when the process of legal reasoning as a searching engine starts from the letter of law and moves from the text, which creates the core of these circles, to topoi lying outside the text, that is from the center to peripheral circles, where politics, morals, historical experience, religion, rule of law are located.
The conception of Eurasianist legal philosophy (1920–1930) represents an interesting but little studied
phenomenon.Most researchers consider either the general features of Eurasianism or the individual legal views
of Eurasianists without investigating their political and juridical ideas in the multiplicity of their manifestations.
The author of this article attempts to fill in this gap by analyzing the concepts like “law,” “freedom,” “rightduty”
(pravoobrazovannost’), and “positive law,” which are crucial for the Eurasianist concept of legal philoso-
phy, revealing the contemporary reflection of the Eurasianist legal ideas in academic and publicistic texts.