Федеральный закон от 30 декабря 2012 года №302-ФЗ и вопросы интеллектуальных прав
The article of E.P.Gavrilov, doctor of legal sciences, professor of civil law department of National research university Higher school of economics (Moscow, email@example.com), analyzes influence of Federal Law №302-ФЗ, 30 December 2012 on intellectual rights.
The article deals with the current issues of ‘freedom of contract’, a fundamental private-law doctrine, which were brought into focus by the Ruling of the Plenum of the Supreme Arbitration Court #16 ‘On the freedom of contracts and its limitations’. The author argues that the S.A.C. view on the administration of this doctrine, as presented in the Ruling, is poorly compatible with some basic concepts of private-law legislature and legal text interpretation, as well as with the theory of separation of powers. It will cause a traumatic effect on sustainability of individual rights of a less powerful party, e.g. those of the customer.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/