Исполнение деривативных сделок с помощью центрального контрагента:постановка проблемы
The article is devoted to contractual models, designed to formalise the legal relationship between the clearing members (parties to original derivative transaction) and the CCP. The author deals with legal concepts of novation, so-called “open offer”, cession (assignment), which are commonly used in international practices. Taking into consideration some Russian legal peculiarities and comparative lawexperience, the author comes to the conclusion that theconcept of assignment is much more preferable for theRussian derivatives market.
The article analyses the main changes in the US financial regulation following the Dodd-Аrank Act adoption in July 2010. The author arrives at the conclusion that the 2007 – 2009 financial crisis resulted in a shift of the dominating paradigm concerning the need for financial regulation. The article contains a number of hypotheses as to possible impact of the current reform on the US economy.
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/