Семейный траст как форма трансграничного накопления и движения капитала в английском праве
This article is devoted to distinctive features of family trust as one of the forms of cross-border accumulation and movement of capital in the English Law. The author analyzed legal adavantages of family trust in the context of assets and investments accumulation and management, defined subjective structure of trust matters, which includes not only trust settlor, trustee and beneficiary but also protector. The author gave special consideration to legislation and case law in respect of private trust companies business activity as trustees according to the English Law.
The article describes the features of English statutory interpretation technique, the structure and contents of the English interpretation doctrine, author actualizes the division of interpretation and construction stages, emphasizes value of interpreter’s normative system.
The article discusses a new Institute for Russian representative of bondholders (analogue of trustee). Analysis of legal relations arising between the representative of bondholders and the bondholders, as well as between the representative of bondholders and the issuer shows a serious conflict of interests.
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/