Об ограничении свободы должника в исполнительном производстве
The issue of effectiveness of limitations of debtor’s personal rights is considered in the article. The low level of actual enforcement causes new attempts to introduce additional penalties and other similar measures with regard to debtor. However, the formation of such measures is not always executed in systematic manner. Such measures are required to be systemized and differentiated. Well-structured, theoretically founded and pragmatic system of execution in the enforcement procedure is to be created. As the result of analysis of legislation and legal practice, as well as of statistical data, historical and foreign experience the author makes the conclusion that, firstly, the key problem of the effectiveness of relevant measures is the problem of considering the debtor’s conscientiousness, and, secondly, that limitation of debtor’s freedom should be applied as the penalty, considering proper legal safeguards used in legal liability mechanism.
In the modern globalized world almost all the transactions involve a foreign element which inevitably leads to the disputes arising in a foreign country. This is old news for Russian citizens and companies who find themselves more often than ever in the middle of litigation abroad. However, lawyers are well aware that winning a lawsuit is not the end – seeking recognition and enforcement of the judgment is the next step. Enforcing judgments in Russia is a tricky business, the one that many are not ready to encounter. Although Russia is a party of about thirty agreements on mutual recognition of the foreign judgments, there are no such agreements with major European countries or America. In such cases, the principles of comity and reciprocity come into play. Even if there is a legal basis for recognition, then when is the court allowed not to recognize or enforce it? Russian foreign policy does reflect the need for establishing a new level of connection with the countries of the world community by enhancing economic, trade and cultural relations. As a prerequisite for this though, Russian legislation must adequately protect the rights and legitimate interests of foreign partners. Certainty of a result is what attracts businessmen, especially foreign investors. Therefore, the law on recognition and enforcement of foreign judgments (hereinafter - REFJ) must lead to a stable and predictable outcome. This paper is dedicated to analysis of the current Russian legislation, judicial decisions on REFG as well as writings of scholars on the existing problems obstacles and problems. Moreover, here will be discussed the peculiarities of the law of the United States of America on the recognition and enforcement of foreign-country judgments.
One of the most groundbreaking sociology texts of the mid-20th century, Howard S. Becker’s Outsiders is a thorough exploration of social deviance and how it can be addressed in an understanding and helpful manner. A compulsively readable and thoroughly researched exploration of social deviance and the application of what is known as "labeling theory" to the studies of deviance. With particular research into drug culture, Outsiders analyzes unconventional individuals and their place in normal society. (Simon and Schuster)
Enforcement outcomes against excessive pricing in Russia are controversial. Since many infringement decisions do not sustain judicial review, there is a recent shift from ex post intervention to ex ante price remedies by competition authorities. The objective of this chapter is to show that modest enforcement records are explained by the absence of convincing standards for price excessiveness but not by the weakness of theories of harm. The analysis of the Russian competition authority’s decisions involves three aspects, including enforcement targets, standards for establishing excessive margin, and reasons for court decisions. The competition authority develops guidelines to prove excessive pricing which do not convince the courts. Thus, the development of a reliable test is of high importance.
Recently, the state taken various measures to protect the rights of citizens who use the various types of transportation, namely air, road and rail. In turn, the legal status of the passenger includes a number of rights and obligations, which legal regulations are in need of improvement. As practice shows, to date, more frequent non-standard rights violations during transportation of passengers and active use of the citizens of judicial and extrajudicial protection of their rights. This paper is devoted to these issues and graduate student of the Department of Private International Law, Faculty of Law of the National Research University «Higher School of Economics» Kasatkina A.S. considering these issues.
The paper deals with the collective behavior of the US financial industry professionals. A relative majority voting procedure is proposed as a means of their preferences aggregation. Parameters of the US SRO activity that are based on the quantitavely revealed SRO preferences with regard to market efficiency are introduced and studied. The relationship between these parameters and the functions of representative investor risk aversion is also considered. It was shown that the parameters can serve as market integrity indexes.
"10.07.27 Философские проблемы государства и права
10.07.31 Социология права
10.07.61 Теория права
10.09.91 История государства и права отдельных стран
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/