Осенние изменения в работе судов: новая процессуальная революция? Экспертный комментарий
Expert commentary on judicial and procedural reforms.
In the commented judicial act, the Supreme Court of the Russian Federation once again had to solve the problem of determining the court competent to consider the dispute. This time it was about the subject-matter jurisdiction of the claim of the homeowners' association for protection of business reputation. In this case, in addition to identifying and correcting the miscarriage of justice, the Judicial Chamber of the SC RF saw its task somewhat broader and made an attempt to reveal the essential features of the economic dispute in order to offer the judicial practice more specific guidelines for determining the subject-matter jurisdiction.
One cannot ignore the fact that the case considered in the article is the first in which the SC RF has formulated a legal position taking into account the new provisions of procedural law on the competence of commercial courts. Can it be argued that the 2019 reform has set new trends in judicial practice? The article finally comes to the conclusion that the development of procedural legislation in general is similar to running on the spot: legislative changes on matters of subject-matter jurisdiction do not meet the demands that exist in judicial practice. The legal positions of the Supreme Court of the Russian Federation do not make any fundamental changes either: correcting certain judicial errors of lower courts, the highest judicial instance has so far been unable, for objective reasons, to propose conceptually new approaches.
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/