New Russian Court for IPRs
This brief addresses the new Russian legislation for establishing the intellectual property court, and how it is expected to affect IP rights holders and high-tech businesses.
This article examines the position of Russian state courts, in particular, of the Supreme Commercial Court, w i t h regard to the arbitrability of disputes concerning the transfer of title i n real estate and of corporate disputes under Russian law. These specific issues are dealt w i t h i n the light of the general approach of Russian courts to arbitration. Firstly, some necessary explanations are given in relation to Russian regulation, practice and attitude towards arbitration. Then, the approach of the Russian state commercial courts w i t h regard to the arbitrability of real estate and corporate disputes is described and compared w i t h their general attitude to arbitration manifested in Russian case law. Finally, the author's viewpoint on the possible concerns underlying the apparently incongruent stance of the commercial courts to the arbitrability of real estate and corporate disputes is discussed.
On March 18, 2020, Russia’s Supreme Court and the Counsel of Judges issued Joint Resolution No. 808 to address measures Russian state courts must take to limit the spread of COVID-19.
The Resolution makes reference to the Federal Law on Sanitary and Epidemic Safety, the Federal Law on Protection of the Population and Territory against Extraordinary Events,3 as well as a number of COVID-19-related resolutions and decrees already issued by the Russian healthcare authorities.
On April 21, 2020, the Presidium of the Supreme Court of the Russian Federation issued an “Overview of selected issues of judicial practice, related to the application of legislation and measures to stop the spread of the coronavirus infection (COVID-19) on the territory of the Russian Federation No. 1” (the “Overview”).
This Overview sets out a number of important clarifications on the practical application of recent legislative developments as well as recent COVID-19 related measures to dispute resolution, contract performance, creditors’ rights, the imposition of criminal liability for spreading fake news on COVID-19 and on administrative liability for the violation of sanitary rules and protective measures. We set forth herein a number of clarifications affecting contract performance and dispute resolution.
This chapter contains four important cases of the Supreme Court of Russia dealing with finding the right balance between freedom of religion and the right to education. In particular, these are rulings on regional regulations prescribing school uniform for secular state educational institutions, on compulsory subject in public schools curriculum ‘Basics of religious culture and secular ethics’, on the right to establish private religious schools and on the right to set up Sunday schools without license.
The existence of jury trials in modern Russia is perhaps surprising for foreign observers. Sometimes seen as a withering flower in a snowy country with bears, the jury is nonetheless a real, working institution in Russia. Its legislative and practical mechanisms will be presented in this Article, which is divided into three parts: Part I will analyze the history of the Russian jury before 1917, the subsequent Soviet development of the idea of lay participation in criminal justice, and the reintroduction of the jury in 1989–2002. The current legislation, case law, and statistical data will be the subject of part II. Part III will discuss the problems and perspectives of jury trials in Russia. A short conclusion will present an assessment of the present and the future.
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/