Очередная реформа норм о самовольном строительстве: оценка новелл
This article is devoted to consideration of the last changes of Art. 222 of the Сivil code of the Russian Federation about unauthorized constructions. The authors assess the novels by analyzing such key problems of the institution of unauthorized construction as adequacy of sanctions for unauthorized construction; recognition of unauthorized construction on «formal» grounds and protection of a bona fide developer; administrative demolition of unauthorized constructions. As a result of the assessment, the authors concluded that the latest changes in the regulation of unauthorized constructions are valid; however, they do not resolve all existing problems in practice.
The article is devoted to an objective assessment of business judgment. The author analyses the concepts of reasonableness and good faith of director’s activities in the interests of the organisation. The author concludes that the greater degree of uncertainty, the more relationship between the organisation and the director take a game character. Due to the increasing complexity of the economic system, including a sharp increase in the scale and speed of information exchange, the use of traditional legal tools is extremely limited.
The author of the below article has argued in more than few of his previous works that the requirement of act in bona fide, forged in the Art. 1 (3) of the Russian Civil Code as a legal obligation and, in the Art. 1 (4), as a universal census for a personal right, brought about a major chaos in the administration of law by courts due to the failure of this enactment to match the nature of the category in question. It barely comes as surprise that the distortion of such a fundamental private law notion caused dilution to the patterns which govern execution of civil law rights. The legal obligation to act in good faith while fulfilling obligations was no exception. As the author demonstrates the fallibility of this approach, he also places requirement of bona fide with regard to legal obligation and warranty in the context of his understanding of both abuse of law and bona fide principles. In the author’s view, the move to avoid consequences of fictitious warranties, rather than met by means of statute law, should be seen as such a conflict of intentions that constitutes failure to act in bona fide -- at least from the author’s perspective.
The article deals with the legal mechanisms of applying the category of good faith in subjective and objective sense in corporate relations, including the public reliability of the register of legal entities and the fiduciary duties of the bodies of the legal entity and members of the corporation.
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/