The article covers the subject of forum shopping and regulatory com- petition in cross-border insolvencies and restructurings due to the im- pact of Directive of the European Parliament on preventive restructu- ring frameworks as well as the role of coronavirus pandemic. Looking at the experience of the European Union in handling bankruptcy and pre-bankruptcy forum shopping abuses, authors analyse the EU mo- del of preventive restructuring and its regulatory competition potential. They assess possible impact of COVID-19 on regulatory competition and forum shopping during insolvency and restructuring proceedings. The article draws parallels with Russian judicial practice
The paper considers the conflict arising from the automatic change of connecting factors regarding matrimonial property, and its practical consequences both for spouses and third par- ties. The author undertakes a comparative legal research to find out whether current conflict of laws rules comply with the re- quirements of ensuring the stability of civil turnover and meeting reasonable expectations of parties whose property rights could be violated in case the applicable law is changed.
The paper is focused on analysis of compliance with personal data legislation of electronic permits and mobile application “Social monitoring” implemented in Moscow among the other anti-COVID measures. Based on analysis of publicly available documents governing their application and statements made by government officials, it is concluded that these systems are not compliant with the requirements of personal data legislation. The paper also contains author’s view on how to ensure such compliance in the future, and that it will require amendments in the federal legislation.
The article explores “bankruptcy tourism” which is the
individual debtor’s choice of the most preferred country
for his bankruptcy. The author highlights causes of the
phenomenon, principles of its evolution and provisions for
its occurrence. She notes that regulation of international
jurisdiction of insolvency cases and mechanisms of foreign
bankruptcy recognition significantly affects the growth of
“bankruptcy tourism” which is confirmed by the experience
of the European Union. The article provides a research of
prospects for migration of the Russian debtors seeking for
“bankruptcy tourism” and evaluates the corresponding legal
consequences for the Russian jurisdiction. The analysis
of foreign approaches to the issue of recognition of postbankruptcy
discharges for individuals opens up the possibility
to evaluate the prospects for their use in Russia. The author
points out that despite it is desirable to acknowledge debt
reliefs issued in a foreign jurisdiction, the countries reserve
their right to block their cross-border effect in certain cases.
In this article, the problem of Big Data is examined from the standpoint of civil law in the context of the question whether the existing mechanisms are sufficient for the purposes of civil regulation of Big Data or whether a qualitative review of the system of objects of civil objects, including intellectual property, is required. In the frame of civil discussion, it is proposed to consider Big Data in close connection with new knowledge formation, including on the basis of its analysis, for the purposes of using it in one’s own activity or selling it on the market and, as a result, to qualify Big Data as a special service based on Big Data technology. An emphasis on the “service” focuses attention on the “dynamics” of relations and the subject of regulations. Equally, the inclusion in the concept of indications of “information and analytical” nature and “Big Data technology” highlights the relevant specific features. Commenting on the characteristics of various objects of civil rights, the authors note the impossibility of extending the existing legal regimes to Big Data and suggest the expediency of recognising Big Data as a new non-traditional object of intellectual property. The proposed approach, according to the authors, allows to take into account not only the differentiation of objects of intellectual property in the broadest sense, but also their inherent unity, which is manifested in the granting of special — exclusive — rights to intangible objects being the results of the activity in question.