Юридические лица как субъекты права собственности и ограниченных вещных прав
The article analyzes the legal status of legal persons as subjects of right of ownership and limited real rights. Special attention is paid to the property status of the modern Corporation in the light of the amendments to the Civil code of the Russian Federation. It is established that in General, civil-legal status of commercial and non-commercial organizations as owners meet modern needs. Requires improvement the restriction of the right of ownership of legal persons and legal persons in the limited real rights.
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 subject matter of the article lies between public law and economics. The article contains sources of legal regulation in state corporations, ways of their forming, jurisdiction, priorities and results of its activities achieved in western democracies. The author stresses the dependence of effectiveness of this public law institute on checks and balances as well as individual responsibility, responsibility for doings and refraining from doing by authorities, reputation of officials.
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/