НЕРАЗУМНАЯ РАЗУМНОСТЬ, ИЛИ ВЫНУЖДЕННЫЕ УБЫТКИ ОТ ПРАВОСУДИЯ (ЕЩЕ РАЗ О ВОЗМЕЩЕНИИ СУДЕБНЫХ РАСХОДОВ НА ОПЛАТУ УСЛУГ ПРЕДСТАВИТЕЛЯ)
This article offers a comparative analysis of one of the most controversial current legal issues, namely the reasonableness of legal fees recovery and similar remedies. The authors come to the conclusion that domestic courts’ approaches do not meet the standards of certainty and predictability. At the same time, other legal systems have developed original approaches to the determination of legal fees to be reimbursed by a losing party. The article gives a comparative perspective over legislation and case-law in other jurisdictions. In the United States and United Kingdom, courts have developed a detailed test to determine the reasonableness of the legal costs incurred. In Germany, the amounts to be reimbursed are established by law. The authors conclude that it is necessary to introduce a clear methodology and predictable criteria for determining the reasonableness of expenses per representative in the Russian legal system. The basic principle may be the presumption of reasonableness of expenses incurred, which is enshrined in the legislation or explanations of the higher courts.
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 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/