О возмещении убытков, причиненных обеспечением иска
This paper is primarily focused about how to resolve a case under the article 146 of the Civil procedural code of the Russian Federation when the defendant seeks a relief after an interlocutory injunction has been successfully applied against him. The article explores how such problems are reflected in the latest courts’ practice, especially on the complex cases of mixed procedure. The author critically assesses the possibility of a situation when the defendant asks the plaintiff to be excessively punished for his requests and emphasizes the doctrine of "a chilling effect": the discouragement of the legitimate exercise of a legal right by the threat of a legal sanction.
The article is devoted to the problem of contemporary transformation of status of deputy of parliament. The author analyses the grounds and procedures of bringing of the deputy to constitutional-law responsibility in the context of foreign experience of application of analogous procedures of deprivation of deputy's mandate.
The article is devoted to certain issues of the use of information technologies when notifying participants in civil proceedings about the time and place of consideration of the case. Attention is drawn to the advantages and disadvantages of notifying the participants of the process by e-mail and SMS messages.
The article deals with the issues of responsibility in civil procedural law from the point of theory and methodology of the contemporary jurisprudence. The article gives a new interpretation of the system of legal responsibility and the role of the civil procedural responsibility in this system. The mechanism of procedural responsibility is interpreted through the concept of contempt to court.
This Chapter provides a general overview of voluntary jurisdiction in Russia. The authors analyse history and current state of this legal phenomenon. The main issue, as authors see it, is the lack of a uniform concept of the Russian voluntary jurisdiction in theory and in practice. In the Chapter authors proceed on the basis that voluntary jurisdiction applies to both substantive and procedural law, within the public and private domain alike and include in the concept of voluntary jurisdiction the three most important areas of legal regulation: court activities conducted in the form of considering non-contentious civil cases; the activities of notarial authorities relating to certification of various circumstances having legal significance, establishing indisputable rights and facts, performing protective notarial acts and the so-called “registration activity” (for ex. civil registration, registration and maintenance of registers of legal entities and other organizations and state registration of rights to real estate).
This title is an excellent source of general information regarding the enforcement of judgments and arbitration awards in over 75 foreign jurisdictions.
Written by experienced local lawyers, it is an aid to understanding the standards applicable when determining whether a judgment will be recognized and enforced. Chapters devoted to each country provide detailed commentary on recent cases that illustrate:Current law Execution proceedings Costs Availability of an appeals process Time limitations
You'll also find coverage of procedural requirements involving the extent of damage awards, finality of judgment, reciprocity, and limitations.
The already existing in the learned community manifold positions on the matter of the nature of the legal relationship in the enforcement proceedings are represented in the article.
The article deals with some problematic aspects of the preliminary court session in civil proceedings. The article substantiates the need at the legislative level to resolve the issue of more detailed consolidation of the rules for conducting a preliminary court session in order to implement the tasks facing the considered independent action of the judge in preparing the case for trial
This book offers an analysis of the history, legal basis and developments in voluntary jurisdiction in a large number of jurisdictions. Authors discuss the terminology, the nature of voluntary jurisdiction, the recent development, the regulatory basis like actors and forums as well as the scope and procedure including effects, appellation and execution of voluntary jurisdiction in the named countries. In the end provides the fresh statistics, problems, outcomes, reforms and visions.
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/