Перспективы применения доктрины "снятия корпоративной вуали" в российском правопорядке
This paper examines the doctrine of “lifting the corporate veil” and considers perspectives of its development in the light of the last legislative amendments and changes in the Russian judicial system. In the author’s opinion, after the Higher Arbitration Court has been liquidated and, consequently, rulings of its Presidium lost their binding effect, there are no normative grounds in the actual Russian legal order to justify application of this doctrine. This thesis is also confirmed by the fact that the legislative branch abandoned the idea to implement this doctrine in the civil legislation. The author asserts that attempts to justify applicability of the doctrine of “lifting the corporate veil” in Russian legal order are groundless both in practical and theoretical sense. The analysis of case law shows that this doctrine is usually mentioned in court decisions outside of the authentic context in which it works in Western legal orders. Study of this doctrine is relevant only within the framework of comparative legal studies.
The author states that when the court considers the question on the introduction of the observation procedure (bankruptcy) it pursues the goal to exclude insolvent trading on behalf of the debtor rather than satisfies the interest of a separate creditor. It is emphasized that the court shall apoint as an arbitration administrator the candidate proposed by an indepedent creditor.
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/