Экономические санкции глазами российских судей: между защитой публичного порядка и интересов бизнеса
In the current article, the authors analyze emerging approaches of Russian courts (the Constitutional Court of the Russian Federation, arbitrazh (commercial) courts and courts of general jurisdiction) on resolution of disputes connected with economic sanctions imposed against Russia in 2014, as well as legal qualification of relevant legal issues. The Russian courts take a clear stand that these economic sanctions are unlawful from the standpoint of international law; for this reason, the effect of foreign regulations and the relevant provisions of commercial contracts aimed at enforcing sanctions’ restrictions is blocked in Russia on the basis of protection of the national public order. In this context, Russian case law is consistent with Russia's general state policy aimed at denying the legitimacy of unilateral coercive measures, which are introduced without authorization of the UN Security Council and are considered as unfriendly actions by foreign states that threaten Russia's sovereignty. At the same time, Russian courts try to mitigate negative legal consequences of sanctions for Russian and foreign businesses in domestic jurisdiction. There is sufficient evidence to support the assumption that Russian courts try to use balanced approaches in relation to legal responsibility for compliance with foreign sanctions by private individuals. Courts are rather neutral to contract provisions that are aimed at preventing conflicts caused by economic sanctions (sanction clauses), and also generally adhere to fair solutions in cases of non-performance of obligations caused by sanctions’ prescriptions. Courts distinguish failure to perform obligations based on objective circumstances (force majeure, fundamental change of circumstances) and non-compliance with contractual and other duties for the reason of failure to act diligently or standard business risks.
The paper is focused on assessing the risk factors for Russian manufacturing firms posed by sanctions imposed on Russia by the EU, US, and other countries in 2014. While there is an extensive literature assessing the successes and failures of international sanctions on the economies of both those imposing and targeted by sanctions on a macroeconomic level, we are more interested in trying to understand the corporate response – i.e. which firms evaluate the introduction and increasing scale of economic sanctions as a threat to their corporate strategy, and their possible reactions aimed at adjusting to a changing environment due to the geopolitical shock. Our research, based on a recent survey of manufacturing companies, provides evidence that over the last decade Russian manufacturing firms have become much more integrated into the global economy than is commonly assumed, through foreign direct investment, foreign trade (including imports of both technological equipment and raw materials and components), international partnerships, and by extensively supplying foreign companies that operate in Russia. Considering the self-selection effect of the top-performing firms in terms of foreign trade, we can state that sanctions could prove most harmful not only for the targeted firms, but for the entire population of better-performing and globalized firms involved in foreign trade with the EU and Ukraine. Thus, the impact of the sanctions on the prospects of the Russian manufacturing sector may be very strong over the medium-to-long term.
This article discusses issues related to the current functioning of the defense industry in conditions of sanctions. For ensuring of the defense industry’s sustainable development need to restructure the internal organization of companies. The objects of analysis selected the United Shipbuilding Corporation. On the basis of the analysis mechanisms have been proposed to change the principles of the internal organization of the activities of the USC.
A complex analysis of the social and economic consequences of China, Ukraine, and Russia’s accession to the WTO was used to identify recommendations for the most successful adaptation of Russia to WTO standards. Russia tries to adapt to the WTO standards. The study focuses on the Chinese experience. China’s membership in the WTO is extremely useful for Russia from due to China’s positive influence on the development of its economy , as there has been expansion in the industrial and production sectors of its economy and promotion of goods in world markets, as well as an opportunity to use the WTO’s legal instruments for national domestic market protection.
China’s positive experience as a WTO member somehow contrasts with the described experience of Ukraine. An assessment of Ukraine’s versatile policy and its association with the EU allowed concluded that it is impossible for Ukraine to follow two ways at once: that of Eurasian integration and that of European integration.
Recently, the aggravated trade, economic and political confrontations between Russia and its American and European partners spurred radical changes in Russia’s economic strategy. Areas of such transformations can be determined by understanding both the positive and negative experiences of Russia’s old trade partners, namely China and Ukraine as they joined the world economic environment.
This article considers the state of the Russian meat sector under the influence of counter measure to sanctions against the Russian Federation. The author determines features and key changes in the industry and identify the causes of them. The article also describes method for the further development of the industry through the development of clusters at the regional level.
In the article the analysis of the influence of economic sanctions on the processes of Russia’s political and economic self-identification is carried out. Also the evaluation of reciprocal measures of Russia is carried out. The conducted research has shown that for stabilization of Russian economy it is necessary not only to re-direct the foreign trade relations, but also to develop national industries carrying out effective policy of import substitution.
Economic sanctions are an important instrument of the foreign poilicy but they have some important limitations while applied.
The article deals with the problems of the current state and prospects of development in Russia in terms of economic sanctions. Highlighted the possible negative consequences of sanctions for this type of activity. The variants of overcoming the crisis and further development in the field of development of the domestic real estate market.
The article studies the possible measures to increase the sustainability of Russia’ economic development on the background of current hostilities with the West. I argue that the development of small enterprises can assist to overcome the worst consequences of sanctions—the fall in male life expectancy as the analysis demonstrated a strong relationship between the share of small and medium businesses (SMEs) in the national economy and the life expectance of males. Several suggestions on how to increase the share of SMEs in the Russian economy are proposed.
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/