Инвестиции в локализацию и возможности для легализации параллельного импорта в России
The article is devoted to a research of the influence of the law of the European Union on national markets of pharmaceuticals of the state-members of the EU. The authors question themselves does the internal market of pharmaceuticals of the EU exist. In the article are represented the barriers for its creation and also tendencies of development of law regulation in that sector.
On February 13, 2018, the Constitutional Court of the Russian Federation declared judgment No. 8-П «On Constitutionality of the Provisions of paragraph 4 of Article 1252, Article 1487 and paragraphs 1, 2 and 4 of Article 1515 of the Civil Code of the Russian Federation in connection with complaint of the limited liability company «PAG», which in many respects is crucial for parallel importers operating on the Russian market. In addition to the question of the constitutionality of parallel imports per se, the Constitutional Court of the Russian Federation touched on several other very important legal topics, including abuse of exclusive rights, individualization of liability for IP infringements, and expressed its attitude towards sanctions imposed by foreign states against Russia. The Constitutional Court confirmed that national exhaustion rule prescribed by the Civil Code of the Russian Federation is not contrary to the Constitution. However, courts must differentiate civil liability when they deal with counterfeited goods and parallel imports due to the fact that parallel importation does not represent equal threat to the right holders compared to counterfeiting. Moreover, it was stressed that in cases of abuse of rights, bad faith behavior or refusal to supply goods to Russia because of compliance with sanctions regime against Russia courts are authorized to deny claims of the right holders to prevent parallel imports.
The paper examines the structure, governance, and balance sheets of state-controlled banks in Russia, which accounted for over 55 percent of the total assets in the country's banking system in early 2012. The author offers a credible estimate of the size of the country's state banking sector by including banks that are indirectly owned by public organizations. Contrary to some predictions based on the theoretical literature on economic transition, he explains the relatively high profitability and efficiency of Russian state-controlled banks by pointing to their competitive position in such functions as acquisition and disposal of assets on behalf of the government. Also suggested in the paper is a different way of looking at market concentration in Russia (by consolidating the market shares of core state-controlled banks), which produces a picture of a more concentrated market than officially reported. Lastly, one of the author's interesting conclusions is that China provides a better benchmark than the formerly centrally planned economies of Central and Eastern Europe by which to assess the viability of state ownership of banks in Russia and to evaluate the country's banking sector.
The paper examines the principles for the supervision of financial conglomerates proposed by BCBS in the consultative document published in December 2011. Moreover, the article proposes a number of suggestions worked out by the authors within the HSE research team.