The Judgment Lien: A New Tool to Secure Creditor's Rights?
As from 1 July 2014, Russian law witnesses the creation of a new type of pledge – the judgment lien. The Russian Civil Code will allow unsecured creditors effectively to become pledgeholders by obtaining judgments against their debtors. The rules mirror to some extent analogous provisions of US law. However, they are not entirely clear in their operation. It remains to be seen how courts will enforce them in practice, especially in the context of insolvencies.
Article-by-article commentary to chapters 23 and 24 of the Civil Code of Russia.
In this article, the author uses a comparative legal analysis of the institution of bankruptcy of individuals at various stages of its historical development in Russia, establishes the legal essence of this phenomenon, determines its socio-economic roots, designates the main elements around which this institution is formed and indicates the vector of its further development.
E.P.Gavrilov - doctor of legal sciences, professor of civil law department of National research university Higher school of economics (Moscow, firstname.lastname@example.org), proposes a line of measures which should be taken by organs and persons engaged in intellectual rights sphere in connection with the submittance to the State Duma on 2.04.2012 of a draft concerning amendments, in particular, of the fourth part of the RF Civil Code.
We study the nature of judicial bias in bankruptcy proceedings following the enactment of the 1998 bankruptcy law in Russia. The two main findings are as follows. First, regional political characteristics affected judicial decisions about the numbers and types of bankruptcy proceedings initiated after the law took effect. Controlling for indicators of firms' insolvency and the quality of the regional judiciary, re-organization procedures were significantly more frequent in regions with politically popular governors and governors who had hostile relations with the federal center. Poor judicial quality was also associated with higher incidence of re-organizations. Second, the quality of the regional judiciary affected performance of firms under the re-organization procedure: in regions with low quality judges, firms that were re-organized according to the 1998 law had significantly lower growth in sales, labor productivity, and product variety compared to firms not subject to bankruptcy proceedings. In contrast, in regions with high quality judges, firms in re-organization outperformed firms not in bankruptcy proceedings. This effect of judicial quality on the performance of re-organized firms was stronger when governors were politically popular. These findings are consistent with the view that politically strong governors subverted enforcement of the 1998 bankruptcy law.
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/