Мохова Е.В. Трансграничное банкротство: российские правовые реалии и перспективы // Закон. 2014. № 6. С. 62-73.
The article covers problems of cross-border insolvency and insolvency of cross-border
groups which are to be discussed at the St. Petersburg International Legal Forum.
Problems and issues of legislators and legal professionals arising from insolvency
complicated by foreign element are considered in the context of the world’s largest
insolvencies. Author lays special emphasis upon the fact that the lack of legal base
does not exclude Russia of such world tendencies as unification and competition of
insolvency regulation. Our national legal community faces challenges of exploration of
cross-border insolvency, and particularly of international practice in this sphere, with
the aim to propose possible solutions to the legislator. Legislator is after all at the point
where the need for imposing special rules for addressed legal matters becomes urgent
The implementation of the uniform approach to the legal regulation of transnational bankruptcies is problematic in several ways, such as differences in national bankruptcy legislayion and lack of recognition of of other state`s authorities acts. Nevertheless, this chapter shows that the difficulties can can be overcame with the proper i,plementation of bankruptcy procedures.
This book is devoted to the international dispute resolution in various contexts.
The textbook in accordance with state educational standards sets out the main provisions of an in-depth course on Private International Law. Volume 1 deals with the General part of Private International Law theory - the concept, object, system, method, sources. Volume 2 examines specific branches of private international law - the law of persons, international property law, international contract law, private international transport law, private international currency law, international intellectual property law, international tort law, international inheritance law, international family law. Volume 3 highlighted procedural and substantive procedural industry in the system of private international law: international civil procedure, international commercial arbitration, cross-border insolvency (an international bankruptcy law) and international notarial law. All theoretical constructs are illustrated with examples from judicial practice, legal norms and international legal instruments. Analysis of Russian legislation takes into account all the innovations made in the relevant legal acts. For bachelors, undergraduates, graduate students and professors of universities and law faculties of universities and other educational institutions, specializing in international business; economists and legal practitioners.
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/