Добросовестность в корпоративном праве
The article deals with the legal mechanisms of applying the category of good faith in subjective and objective sense in corporate relations, including the public reliability of the register of legal entities and the fiduciary duties of the bodies of the legal entity and members of the corporation.
This article examines the position of Russian state courts, in particular, of the Supreme Commercial Court, w i t h regard to the arbitrability of disputes concerning the transfer of title i n real estate and of corporate disputes under Russian law. These specific issues are dealt w i t h i n the light of the general approach of Russian courts to arbitration. Firstly, some necessary explanations are given in relation to Russian regulation, practice and attitude towards arbitration. Then, the approach of the Russian state commercial courts w i t h regard to the arbitrability of real estate and corporate disputes is described and compared w i t h their general attitude to arbitration manifested in Russian case law. Finally, the author's viewpoint on the possible concerns underlying the apparently incongruent stance of the commercial courts to the arbitrability of real estate and corporate disputes is discussed.
The article deals with topical issues of reformation of company legislation with regard to specification of rights and obligations of persons participating in the management bodies of economic societies, strengthening of responsibility of the said persons. The article uses legislation and judicial practice of the USA and Great Britain for the purposes of exposure of the contents of obligations of the persons participating in the management bodies of economic societies, creation of the most balanced status of the said persons.
scientific papers on the results of the II International Scientific and Practical Conference
Nowadays, the ''greenmail'' is a crucial issue for corporations. Legal ways countering on greenmail available Russian corporations are analyzed in this article.
This article is devoted to consideration of the last changes of Art. 222 of the Сivil code of the Russian Federation about unauthorized constructions. The authors assess the novels by analyzing such key problems of the institution of unauthorized construction as adequacy of sanctions for unauthorized construction; recognition of unauthorized construction on «formal» grounds and protection of a bona fide developer; administrative demolition of unauthorized constructions. As a result of the assessment, the authors concluded that the latest changes in the regulation of unauthorized constructions are valid; however, they do not resolve all existing problems in practice.
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/