ОГРАНИЧЕНИЕ ПРАВА НА ВЗЫСКАНИЕ СВЕРХВЫСОКИХ ПРОЦЕНТОВ С ГРАЖДАНИНА-ДОЛЖНИКА ПО ДОГОВОРУ ЗАЙМА: НОВЕЛЛЫ РОССИЙСКОГО ЗАКОНОДАТЕЛЬСТВА
http://The article is devoted to the analysis of modern legal regulation of loan obligations with the participation of citizens, identifying problems that exist when collecting from the debtor super-high interest, the formation of a doctrine to resolve these problems. The author critically assesses the short stories of Russian legislation aimed at restricting usury. Based on the consideration of judicial practice, legislation and doctrine, a number of conclusions have been formulated on the resolution of the problem of usurious interest.
The chapter considers the concept of legal liability, types of legal liability, its functions and basic principles.
In accordance with the international investment legislation, a state is entitled to implement expropriation and nationalization measures with respect to foreign investments within its territory on condition of guaranteed prompt, efficient and adequate compensation provision in favor of investors. The article notes that there is no clear description of the phenomenon of foreign investors' property alienation in the Russian or world practice. Consideration is given to the types of expropriation: direct, aimed at deprivation of property rights for investments by authorities; indirect, or "creeping" expropriation representing gradual divestiture; and measures that are equivalent to expropriation and inhibit receipts of investment benefits. It is underscored that in the process of investment evaluation it is necessary to take into consideration the degree of intervention in property rights, intentions of the government, and the impossibility to discharge adequate investors' expectations.
Кредитный договор; субъект кредитной сделки; объект кредитной сделки; экономические условия; правовая основа; обеспечение кредита; взаимная заинтересованность; защита от риска; санкции.
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/