Обязательное предложение: анализ законодательства и судебной практики
The Article offers Russian courts’ positions on some problems that have arisen in the course of applying the provisions on mandatory offers.
This judicial review covers the most interesting and important, in the authors’ opinion, judicial decisions on corporate issues for the period from 01.01.2019 to 31.08.2020, as well as brief comments on each of the cases to draw attention to the most significant aspects of the case, express authors’ opinion or highlight the trends evolving in practice. Based on the results of the analysis of the judicial practice, it is safe to say that the Russian courts (especially the Supreme Court of the Russian Federation) often move away from formal interpretation of law and try to apply it teleologically. The courts have rather liberal approach to parties’ agreements on corporate governance and profit distribution. As before, judicial defense is granted only to a party acting in good faith and judges block any attempts to challenge any action or recover damages if a claimant circumstantially has confirmed lawfulness of such action or the court revealed other signs of abuse of legal rights. Some of legal positions can be defined as game-changing and long expected, e.g. recognition of a charter and a resolution of a meeting as a juridical transaction and application of the general rules on invalidity of legal transactions to them, recognition that it is possible to compel a shareholder to send a mandatory offer and to recover damages in case of manipulating with the term for sending a mandatory offer.
This article deals with issues related to affiliation in the context of chapter XI.1 of the Federal Law “On Joint-Stock Companies”.
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/