Обеспечение прав потерпевшего в уголовном процессе (комментарий к постановлению Пленума Верховного Суда РФ № 17 от 29.06.2010 г.)
The author of the article presents his own view on solution of problems related to securing of rights of suffered person in criminal procedure and in this connection comments on various provisions of Decrees of Plenum of the Supreme Court of the RF of June 29, 2010 № 17 «On Practice of Application by Courts of the Norms Regulating Participation of the Suffered Person in Criminal Judicial Procedure».
Comment to the definition of the Judicial Board for economic disputes of the Supreme court of the Russian Federation dated 23.12.2019 No. 305-ES19-13326 in the considered case, the Supreme court recognized that not only persons controlling the debtor, but also their family members, including minor children, can be brought to subsidiary liability in bankruptcy under certain conditions. In particular, a child of a Director over 14 years of age can be held vicariously liable if the Director presented him with valuable property, and the child knew or "could not have known" that this was done to deceive creditors. This position of the sun seems to be erroneous to the authors. Yes, the property presented by the Director to the child can be withdrawn from the child in principle. However, only if there are appropriate grounds and in due process. Such grounds may be the invalidity of the gift transaction or a tort on the part of the child, but not subsidiary liability in the bankruptcy of the parent company. There is no jurisdiction of the commercial court considering a bankruptcy case to consider such a claim against the Director's child.
Adversary proceedings are impossible without precise observation of their regalement by all participants of judicial proceeding. The obligation to maintain order in judicial proceeding is laid upon the chairman. No abidance by the advocate to decisions and instructions of the chairman is a violation of requirements of the Criminal Procedure Code of the RF.
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/