Зачем нужен исполнительский сбор? Комментарий к Определению Судебной коллегии по экономическим спорам ВС РФ от 25.07.2018 № 305-КГ17-23457.
In the commentary below the legal nature of the execution fee is analyzed based on the example from the RF Supreme Court practice. In the author’s opinion the execution fee should be qualified not as the public sanction or the mean of enforcement, but rather as the pre-defined compensation of state expenses for the organization of the enforcement process, taking into account the place of the enforcement fee in the whole enforcement mechanism. Qualification of the enforcement fee in the mentioned way leads to the re-considering of the model of its application, explains the relevant approaches in the court practice regarding the exemption from the execution fee payment.
The article reveals the essence of the penalty, its main features as a measure of contractual liability.The author examines the procedures and principles for calculating the penaltyand the reasons and ways to reduce its size. The author also analyze the major challenges of the penalty on the basis of legislation and judicial practice.
The article is devoted to one of the most complicated issues in the process of ascertaining director's liability for striking an unprofitable bargain on behalf of the company - the issue of imposition of a duty to prove good faith and reasonableness of director's behavior. We analyze the essential provisions of the legislation setting forth the director's liability and the proposals for its development in order to suggest recommendations on allocation of the burden of proof.
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 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/