This article is devoted to an analysis of the main advantages and disadvantages of using the institution of autonomous authorities in the Russian Federation as a possible way of reforming antimonopoly regulation of energy markets aimed at improving the economic efficiency of them, while respecting the guarantees of the interests of consumers and the strategic interests of the state. In the framework of this article, the experience of applying this institution for regulation in various spheres of the economy and in particular antimonopoly regulation of the energy sector of the economy in European countries is analyzed. The article also shows that this institution is not something new for Russia and demonstrates the practice of using autonomous authorities and related institutions in the Russian legal reality, in particular, in exercising control in strategically important sectors and in the economy.
The article analyzes the issues of legal regulation concerning liability for offences in the field of information technology (cybercrime). Author outlines the main issues of regulation in the field of information technology, examines current approaches of Russian lawyers and expressed her own proposals to resolve issues in the designated area.
The article deals with the controversial issues of nullity of the decisions of the meetings of the participants of business companies. The article concludes that invalidity of the decision contents should be established on rules of invalidity of transactions. The study analyses the issues of recognising the decisions void in case of no quorum, being not approved by the requisite majority and also if there are procedural flaws, violating the fundamental rights of the participants. The author favours providing those concerned the opportunity to cure in court the decisions approved with the flaws of recording the quorum and the results of the voting.
Since a company, but not a director, is the weakest party in fiduciary relations between a company and a director, labour law methods are not suitable for settling these relations. A director’s bad-faith actions while abusing the power cannot be left without legal consequences; having abused the power, the director should be liable even if his actions complied with the normal terms of civil circulation and normal entrepreneurial risk.
The article examines an abstract model of assignment of claims in comparison with causal one. The authors analyze strong and weak points of both systems and come to a conclusion that the abstract system of transfer is preferable.
The article details the compliance system notion; states the main issues; presents the mechanism of compliance function implementation in state and business management; proposes introduction of compliance in the Russian legislation and development of standards meeting the requirements of various branches.
The article considers the concept of «making available to the public». The access to the information represents the public good for distribution of knowledge. That is why, for a number of years experts had tried to develop norms which could become effective for protection of the digital objects placed in the digital medium.
This article is devoted to the revealing of the main objective of antimonopoly regulation, as well as the place taken by the prohibition of abuse of rights at the field of the antitrust regulation. To this end, an attempt is made to demonstrate that antitrust regulation is an institution combining economic, political and legal aspects, вased on this the author identifies the targets of this mechanism from the point of view of each of these areas. Particular attention is paid to identifying and analyzing the objectives of antimonopoly regulation from the legal point of view. According to the author, the correct definition of the objectives of the legal institution is the primary key to the formation of an adequate law enforcement, in particular in the implementation of controls in such strategically important area as the economy is.