Международная подсудность споров из договоров с участием потребителя
The rapid development of technology leads to the deepening of globalization processes, in particular the extensive growth of e-commerce, which is becoming increasingly international in nature. The Internet provides the opportunity to remotely purchase items, not represented in the local market, which leads to the development of cross-border retail trade. From a legal point of view, one of the main problems of this phenomenon is to protect consumers’ rights in cross-border aspect. Private international law provides consumers with protection of three types: procedural, conflict of laws and substantive. Of paramount importance is the question of the international jurisdiction: the court of which country is competent to settle disputes arising from cross-border consumer contract? The special status of the consumer as an economically weaker party does not allow being limited to the general rules of jurisdiction. EU law, as the legislations of many countries in other regions of the world, contains specific procedural conflict rules that are based on certain principles establish the jurisdiction of the court of a State to hear disputes from consumer contracts. In Russia, such a regulation is missing. Thus, the Russian system of consumer protection in cross-border aspect is deprived of an essential element. For the purpose of making recommendations on improving Russian private international law, the paper discusses the content of particular articles of the Regulations of Brussels I — a fundamental act of the EU in the field of the regulation of international jurisdiction, as well as doctrinal positions of foreign scientists. The article concludes on the need to limit the autonomy of the parties in determining the jurisdiction of disputes involving contracts with consumers. The basis of the solution of procedural conflict question may be, as well as in European law, the criterion for targeted activities that solves a number of issues. At the same time, this criterion gives rise to new theoretical and practical problems that have not yet had any solution in the doctrine and legislation — the definition of directed activity per se, as well as the scope of business or professional activities that we need to know to determine the status of the consumer.
Today the increasing number of constant consumers is a strategic aim for any organization which is possible to be achieved only under condition of continuous perfection of organizational activity quality. If the service representation doesn't correspond to the consumers’ expectations they lose their interest to the service organization, if it does correspond or surpass their expectations they probably would readdress to service provider. For this reason the service organization should more precisely reveal consumers requirements and expectations, namely provider should constantly measure its service quality.
In the given work approaches by the Russian and foreign researchers in the field of quality management are studied and analyzed in details, namely:
- approaches to the «service quality» definition;
- the basic components of service quality management process;
- service organization quality model.
The purpose of research work consists of ISQM (Innovation System of Quality Management) model creation taking into account features of TCS providing, which, in turn, is targeted on TCS company purposes achievement in the field of quality by means of:
- setting the control values of TCS quality indicators;
- measuring of the reached results and their comparison with expected results;
- effective management decision making as a result of carrying out the analysis of managerial activity in the field of quality on the basis of the report containing recommendations for the company activity improvement, prepared due to the results of measuring and collecting quality indicators.
Russian conflict of law rules determining choice of law applicable to marital relations related to foreign legislations came into force in 1995 and in force for 20 years. Within Russian legal doctrine the area has been researched in detail. Nevertheless, the analysis of conflict of law rules specified in the Family Code of Russian Federation remains relevant due to a large-scale reform of the norms of international private law in the Civil Code of the Russian Federation and the trends which are present in legislative regulation of international family relations in other countries. Chapter 7 of the Family Code The Application of Family Legislation to Family Relations with the Participation of Foreign Citizens and Persons without Citizenship provides a detailed system of rules determining competent law to regulate majour family relations. Most connecting factors are of bilateral nature and provides for the application of foreign laws. However, for the past 20 years international family relations experienced new regulation, which is evident in national codifications of International private law and in the European Union law. The current legislator extends the limits of autonomy of the parties in marital relations on the choice of applicable law, sets special connecting factors as to cohabitation and partnership, fixes detailed and differentiated choice of law rule. The paper concludes that Russian conflict of laws on international marital relations approved more than two decades ago requires significant update. The update is relevant to maximum transparency of volumes of conflict of law rules to make a more differentiated approach to marital relations, more detailed and arranged in categories connecting factors targeting the most correct determining the law, closest to the relation and making a decision optimally meeting specific circumstances of cases, broadening the possibility of the choice of applicable law by the parties on the issues of dissolution of marriage and family property relations. All the problems concerning children applying law the most favourable for child should dominate in conflict of laws doctrine in such circumstances.
This book explores the exportation and application of European Union legislation beyond EU borders. It clarifies the means and instruments of the voluntary application of the EU’s norms by third countries and analyses in detail the process of legislative approximation between the EU and its East European neighbours. It also assesses the extent to which the EU is successful in promoting its legal standards abroad.
The first part of the book addresses the EU’s mechanisms and instruments promoting the export of its own laws and practices to other countries. Key issues include the post-Lisbon constitutional basis for the EU’s engagement with its Eastern neighbours (Art. 8 TEU); the different methods of acquis export and the impact of a new generation of Association Agreements providing for the establishment of Deep and Comprehensive Free Trade Areas (DCFTAs) and, ultimately, a Neighbourhood Economic Community (NEC) between the EU and its Eastern partners.
The second part of the book includes substantive country reports that analyse the process of legislative approximation and application of EU law in the Eastern Partnership countries and Russia, authored by leading academics from the countries concerned. While currently these countries are not working towards full EU membership, the EU encourages them to approximate and converge their legislation with the EU acquis. The book also offers a unique picture of current practice of the application of EU law by judiciaries in the countries of the Eastern Partnership and Russia.
The book concludes with reflections on the multi-faceted character of legislative approximation and the challenges surrounding the application of EU law in the EU’s Eastern neighbourhood. The conclusions reached are highly informative as to the effectiveness of present and future EU external regional policies aimed at the promotion of EU common values and EU legislation into the legal orders of third countries.
E.P.Gavrilov - doctor of legal sciences, professor of civil law department of National research university Higher school of economics (Moscow, email@example.com), analyses proposed amendments concerning regulation of intellectual rights in international private law.
The Yearbook previously known as the Uppsala Yearbook of East European Law. is now published in a second volume with a broadened perspective. As the title, The Uppsala Yearbook of Eurasian Studies indicates the Yearbook now also covers other disciplines than law, in particular political science and economics. Given recent developments in the Eurasian region this enlarged focus is increasingly relevant and important.
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/