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Regular version of the site
Of all publications in the section: 382
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Article
Мосунова Н. Н., Шатихина Н. Закон. 2017. № 11. С. 231-235.
Added: Jan 28, 2021
Article
Мохова Е. В., Яцук Н. П., Лиджанова А. Э. Закон. 2020. № 9. С. 97-114.

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

Added: Oct 5, 2020
Article
Янковский Р. М. Закон. 2019. № 5. С. 76-86.
Added: Sep 15, 2020
Article
Ренц И. Г. Закон. 2017. № 2. С. 30-34.

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.

Added: Oct 29, 2020
Article
Панова И. В. Закон. 2012. № 2. С. 35-48.
Added: Nov 18, 2012
Article
Савельев А. И. Закон. 2020. № 8. С. 96-110.

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.

Added: Nov 10, 2020
Article
Терещенко Т. А., Ганюшин О. Е. Закон. 2016. № 3. С. 77-84.
Added: Nov 9, 2016
Article
Гальперин М. Л., Парфенчиков А. О., Ярков В. В. и др. Закон. 2014. № 4. С. 34-47.
Added: Dec 16, 2019
Article
Тотьев К. Ю. Закон. 1997. № 5. С. 80-82.
Added: Oct 23, 2010
Article
Мохова Е. В. Закон. 2015. № 12. С. 73-97.

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.

Added: Jun 27, 2018
Article
Иванов А. А. Закон. 2017. № 5.
Added: Jul 11, 2017
Article
Якушев М. В., Дедов Д. И., Белов С. А. и др. Закон. 2018. № 4. С. 18-28.
Added: Oct 30, 2020
Article
Сергеев А. П., Терещенко Т. А. Закон. 2018. № 11. С. 106-123.

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.

Added: Feb 13, 2019