Legal Basis of Russian and Chinese Joint Ventures Establishment and Business Activities: Challenges and Opportunities
This article covers the analysis of regulatory management of Russian and Chinese Joint Ventures representing one of the investment schemes. The advantages of this mode of investment have been demonstrated, some problems connected with regulatory management of Russian and Chinese Joint Ventures have been identified both at national legislations and appropriate international Agreements levels.
The article considers the issues of creation and historical development of conflict-law method as applied to regulation of contractual obligations. The author’s attention is concentrated on delimitation of two systems of determination of applicable law — unilateral or bilateral. At that the author makes analysis of the viewpoints of Russian and foreign scientists with regard to this question and concludes on unconditional recognition of the fact that both unilateral and bilateral conflict norms have regulative function.
Russians are becoming increasingly active in the country’s social arena. While activists remain a small but growing and visible minority of citizens looking for changes in governance, many more are becoming involved in the day-to-day affairs of their communities.
This paper offers an outline of the perception of “transnational employment relations” in a legal context. It will analyse various doctrinal and legislative approaches to the definition of the phenomenon, as well as the usage of the terms employed in its naming, its key characteristics and classifications. The author will reveal and explore the reasons for the problems that arise in the interpretation and legal regulation of the phenomenon, and will suggest some possible solutions to them.
The paper will analyse several terminological aspects of the terms used in descriptions of and references to employment relations which could be seen as falling under more than one legal order (jurisdiction). The paper will also aim to prove the hypothesis that, from a legal point of view, a transnational employment relation can be described (and differentiated from a regular “national” employment relation) through the presence of elements in which “transnationality” manifests itself and the number of such elements in a particular relationship. From this viewpoint, we can divide all transnational employment relations into two groups according to whether the “transnationality” of its elements is connected with one (simple relationship) or more (complex relationship) countries (legal orders) except the observer’s county (legal order).
 The term “transnational employment relations” in the title and the opening parts of the paper merely serves as a starting point for the study and a time/space saver to make references more compact. It should not be seen as an ideal or recommended naming of the phenomenon in question.
The application of «protective reservations» is a fundamental principle of modern codifications of the private international law. The post-graduate student of the Private International Law Department, Faculty of Laws, National Research University «The Higher School of Economics», the advocate E.A. Kruty (e-mail: firstname.lastname@example.org) minutely analyses provisions about the reservation about the public policy and mandatory rules which are included in the international acts and ten national codifications of XXI centuries (Azerbaijan, Lithuania, Estonia, Mongolia, Russia, Belgium, Bulgaria, Ukraine, Macedonia, Turkey). Despite the apparent prevalence of the negative construction of the reservation about the public policy the lawmaker prefers in some situations its positive variant. An appeal to codifications allows to identify the certain conditions on which protective reservations take effect. Their most detailed description is contained in the Belgian and Bulgarian codes. Not less interesting is a regulation of the legal consequences coming as a result of application of these legal institutions for private legal relations with a foreign element including in the international civil procedure.
The use of cloud computing to ensure interaction between the state and citizens allows to speed up information interaction, to realize state services, to reduce the costs of providing such interaction, but at the same time this interaction raises important questions about the reliability of the cloud provider and security of interaction. Providers of the cloud can be both public authorities and private organizations. In the event that the cloud provider is a government agency, it can be assumed that all the requirements for security will be met. However, if the cloud provider is a private person, then we cannot be sure of security, if these requirements for security are not mandatory. It should be noted that Russian legislation does not require the mandatory application of information security standards. In this regard, the security of stored information in the clouds and its legislative support, the responsibility of providers providing cloud access services are very significant for the use of this technology in Russia.
Monograph by S. Khasyanova «Upgrading Banking Regulation and Supervision in Russia in the line with International Standards» is devoted to the study of the development of banking regulation and supervision in Russia on the basis of international principles and standards. The process of implementation of international principles and standards of banking regulation in the Russian Federation and the following consequences are analyzed in the context of financial stability. Particular attention is paid to macroeconomic regulation and development of prudential regulations and requirements for banks, taking into account banking sector peculiarities. The regulation of systemic risk, identification of systemically important banks and applied to them a particular regulatory regime were investigated. The Deposit Insurance System and its role in enhancing the stability of banks as well as its directions of improvement are also considered in the study. The book is intended for professionals in the field of finance and banking, teachers and students of universities’ economic and financial departments.
The problem of the ensuring safe production makes the analysis of the attracting foreign capital processes more important. In this research the two mechanisms of the FDI distribution in Russian food industry companies are discussed. The influence of regional characteristics and the spatial lags is investigated via estimating hierarchical binary-choice models (with logical complexification) on a sample of Russian food industry companies from RUSLANA database on 2009. According to the results, the main motives are seeking of local market, transport infrastructure and better investment environment. Subindusrtrial heterogeneity was also found, especially concerning to the resource-seeking motive.
The study dwells on the problem of interaction between North American legal doctrine and codifications of private international law in the state of Louisiana and the Province of Quebec. Covering both classical and modern USA schools of thought in the area of conflict of laws, the article also includes a comparative analysis of Book IV (Conflict of Laws) of Louisiana Civil Code and Book X (On private international law) of Quebec Civil Code respectfully. On comparing these acts, the authors dwell on a thesis that, in spite of the obvious similarities between respectful legal systems, one cannot state undoubtedly that American doctrine of private international law has been recepted by abovementioned codifications in equal measure. Therefore, despite all the similarities, the doctrinal traditions on which they are respectfully based are actually different.
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/