Производство по делам с участием иностранных лиц в международном процессуальном праве России и Украины: новеллы правового регулирования
This article is dedicated to one of the most interesting aspects of International Procedural Law -litigation with participation of foreign persons. Authors focused on a comparative analysis of Russian and Ukrainian legislation concerning the regulation of international procedural relations.
In the modern globalized world almost all the transactions involve a foreign element which inevitably leads to the disputes arising in a foreign country. This is old news for Russian citizens and companies who find themselves more often than ever in the middle of litigation abroad. However, lawyers are well aware that winning a lawsuit is not the end – seeking recognition and enforcement of the judgment is the next step. Enforcing judgments in Russia is a tricky business, the one that many are not ready to encounter. Although Russia is a party of about thirty agreements on mutual recognition of the foreign judgments, there are no such agreements with major European countries or America. In such cases, the principles of comity and reciprocity come into play. Even if there is a legal basis for recognition, then when is the court allowed not to recognize or enforce it? Russian foreign policy does reflect the need for establishing a new level of connection with the countries of the world community by enhancing economic, trade and cultural relations. As a prerequisite for this though, Russian legislation must adequately protect the rights and legitimate interests of foreign partners. Certainty of a result is what attracts businessmen, especially foreign investors. Therefore, the law on recognition and enforcement of foreign judgments (hereinafter - REFJ) must lead to a stable and predictable outcome. This paper is dedicated to analysis of the current Russian legislation, judicial decisions on REFG as well as writings of scholars on the existing problems obstacles and problems. Moreover, here will be discussed the peculiarities of the law of the United States of America on the recognition and enforcement of foreign-country judgments.
The application of «protective reservations» is a fundamental principle of modern codifications of the private international law. The post-graduate student of the Private International Law Department, Faculty of Laws, National Research University «The Higher School of Economics», the advocate E.A. Kruty (e-mail: firstname.lastname@example.org) minutely analyses provisions about the reservation about the public policy and mandatory rules which are included in the international acts and ten national codifications of XXI centuries (Azerbaijan, Lithuania, Estonia, Mongolia, Russia, Belgium, Bulgaria, Ukraine, Macedonia, Turkey). Despite the apparent prevalence of the negative construction of the reservation about the public policy the lawmaker prefers in some situations its positive variant. An appeal to codifications allows to identify the certain conditions on which protective reservations take effect. Their most detailed description is contained in the Belgian and Bulgarian codes. Not less interesting is a regulation of the legal consequences coming as a result of application of these legal institutions for private legal relations with a foreign element including in the international civil procedure.
Article offered to readers attention of the associate professor of the private international law department, the faculty of laws of State University - the Higher School of Economics (HSE), Ph.D. in Law I.V. Get`man-Pavlova (e-mail: email@example.com) and the post-graduate student of the same faculty E.A. Kruty (e-mail: firstname.lastname@example.org) is devoted to urgent problem of private international law (PIL). In 2000-2007 special autonomous legislative acts on private international law were adopted in seven foreign states (Azerbaijan, Estonia, Belgium, Bulgaria, Ukraine, Macedonia and Turkey). All of these laws represent an autonomous codification of private international law, namely, a special complex legal act that is devoted to the issues of determination of the law which is applicable to private legal relations and to the issues of the international civil procedure. Adoption of the given codifications confirms a persistent modern tendency of the development of PIL - consideration of PIL as a branch of law and a branch of legislation. A special attention has to be paid to the designated tendency in calling the legislative acts on PIL not laws but codes. Three of the seven codifications (Belgian, Bulgarian and Macedonian) are called codes. It allows ascertaining that the status of the legislation in the sphere of PIL raises. All investigated laws regulate a similar, practically identical circle of issues; there is a specific system of the generally accepted terminology everywhere. However, this diversity of national laws and orders remains, and all of these legal acts differ from each other, showing the peculiarities of national approaches.
Международное частное право, Международный гражданский процесс, кодификация, кодекс, Закон, коллизионные нормы, применимое право, компетентная юрисдикция, private international law (PIL), the international civil procedure, Codification, the code, the law, conflict rules, an applicable law, competent jurisdiction
The textbook in accordance with state educational standards sets out the main provisions of an in-depth course on Private International Law. Volume 1 deals with the General part of Private International Law theory - the concept, object, system, method, sources. Volume 2 examines specific branches of private international law - the law of persons, international property law, international contract law, private international transport law, private international currency law, international intellectual property law, international tort law, international inheritance law, international family law. Volume 3 highlighted procedural and substantive procedural industry in the system of private international law: international civil procedure, international commercial arbitration, cross-border insolvency (an international bankruptcy law) and international notarial law. All theoretical constructs are illustrated with examples from judicial practice, legal norms and international legal instruments. Analysis of Russian legislation takes into account all the innovations made in the relevant legal acts. For bachelors, undergraduates, graduate students and professors of universities and law faculties of universities and other educational institutions, specializing in international business; economists and legal practitioners.
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/
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