О некоторых вопросах оспаривания решений собрания кредиторов в делах о банкротстве
The Author contemplates on deep doctrinal issues, that emerge during the consideration of disputes on challenging of the creditors’ meetings’ decisions in bankruptcy cases. In particular, as the Author asserts, the resolution of practical cases depends on the approach towards the court decision concept (theory of declaration or theory of order), and on the answer to the question on is a meetings’ decision a civil transaction of not.
This article is based on the sample of 10 000 decisions of Russian criminal courts and series of expert interviews with judges, investigators, prosecutors and attorneys. In the text, I analyze the probability of pretrial detention and the influence of this decision on the following court behavior. Empirical data is the simple random sample from the decisions published on the websites of Russian district courts (the main level in the system of Russian criminal justice) during 2011. There are two groups of questions in the world scholarly discussion. The first group is bound up with the role of various strongly extralegal (like a gender and a race) and semi-extralegal (like a socioeconomic status and an educational level) characteristics of the defendant in the decision about pretrial detention or release. The second group deals with the effects of pretrial detention on other court decisions (dismissing of the case, the type of punishment and the length of incarceration). These questions are resolved in this article using regression models. The probability of pretrial detention in Russia is statistically significantly higher for unemployed defendants and defendants with informal criminal records. The fact of pretrial detention is closely associated with the probability of case dismissal. The defendants who are detained before trial have less probability of case dismissal. In addition, pretrial detention increases the probability of incarceration as a form of punishment. The linear influence of the pretrial detention on the length of incarceration is not statistically significant.
acts of regular international seminar of Roman Law, gone in Praga, 3-5 october 2011.
An opinion exist that collective labor disputes and strikes are rare in Russia, and therefore the discussion on mechanisms and problems of their use is not actual. This conclusion is based on official statistics. Research of practical implementation of collective labor disputes, practice of their permission, judicial practice shows that the number of situations in which the procedure of collective labor disputes and strikes should be used is sufficient. However, participants of conflicts refuse to use legislative norms and use forms of resolution of conflicts, not regulated by law. The chapter examines the prevalence of collective labor disputes and strikes and other forms of collective labor conflicts in Russia on the basis of official state data and data of monitoring, conducted by non-governmental organizations. Further we examined the reasons of low popularity of use of procedures of collective labor disputes regulation. In the third part of the article the role played by the courts is examined. Their jurisprudence strongly determines the situation that procedures for collective labor disputes resolution and strikes are less suitable for use in practice by workers to address the problems they face.
The author on the example of a particular case, considered by the Arbitration Court of Saint-Petersburg and Leningradskaya Region, grounds the need of introducing into the Arbitration Procedure Code of Russian Federation a norm, providing the adoption of interim judgements, and proposes the draft of such a norm.
In this article the author on the example of bankruptcy cases demonstrates that the legal force of a court decision shall extend only to the parties of the dispute
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/