Правовой институт банковской тайны: о природе и задачах исследования
The article treats the legal nature of the banking secrecy as an optimal ex loco et tempore balance of public and private interests with a view of efficient protection of the lawful interests and within the context of the relevant legal culture.
The article considers comparatively new but more and more developing trend in banking regulation and supervision which empowers the regulator (supervision body) to perform not only traditional prudential regulation aimed at financial stability of a credit institution, but also conduct of a credit institution vis-à-vis the client
Writing this article is concerned with the fact that the court decided that a public prosecutor’s office has a right to claim information which is regarded as a banking secrecy. The authors pay attention to the change in balance of interests concerning banking secrecy in Russia and all over the world. The authors stipulate that public interests are dominating nowadays, as a result of which the regime of banking secrecy has become more vulnerable. In authors’ opinion, such a regime should protect both public and private interests equally, and the list of persons having right to pierce banking secrecy cannot be unlimited. Basing on the highest courts’ jurisprudence analysis, the authors came to the conclusion that a public prosecutor’s office should have no right on disclosure of banking secrecy. The authors also suggest that owners of banking secrecy should have a right on compensation of harm related to illegal distribution of banking secrecy; however, the authors’ forecasts are quite pessimistic.
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/