Современные унификационные процессы в правовом регулировании трансграничной несостоятельности в Европейском Союзе
The implementation of the uniform approach to the legal regulation of transnational bankruptcies is problematic in several ways, such as differences in national bankruptcy legislayion and lack of recognition of of other state`s authorities acts. Nevertheless, this chapter shows that the difficulties can can be overcame with the proper i,plementation of bankruptcy procedures.
The article is devoted to the development of laws, doctrines and court practice in transnational insolvency. The author contemplates the European insolvency regulation reform, the adoption of UNCITRAL Model Law on Cross-border Insolvency by the Member States of OHADA Treaty, the development of soft law in the sphere of transnational court-to-court communication. The search for balance between universality and territoriality is emphasised. The author scrutinises the most recent Russian courts’ practice and analyses such aspects as foreign bankruptcy enforcement, reciprocity as the condition for enforcement, the foreign reorganisation plan enforcement, individual claims to the debtor in the foreign bankruptcy proceeding. The article concludes that the practitioners in Russia meet the same difficulties and solve the same problems as their colleagues abroad. The lack of special cross-border insolvency regulation concerns the lawyers more and more.
This book is devoted to the international dispute resolution in various contexts.
The textbook in accordance with state educational standards sets out the main provisions of an in-depth course on Private International Law. Volume 1 deals with the General part of Private International Law theory - the concept, object, system, method, sources. Volume 2 examines specific branches of private international law - the law of persons, international property law, international contract law, private international transport law, private international currency law, international intellectual property law, international tort law, international inheritance law, international family law. Volume 3 highlighted procedural and substantive procedural industry in the system of private international law: international civil procedure, international commercial arbitration, cross-border insolvency (an international bankruptcy law) and international notarial law. All theoretical constructs are illustrated with examples from judicial practice, legal norms and international legal instruments. Analysis of Russian legislation takes into account all the innovations made in the relevant legal acts. For bachelors, undergraduates, graduate students and professors of universities and law faculties of universities and other educational institutions, specializing in international business; economists and legal practitioners.
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/