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.
Comments by Yu. Taya, A. Rego, M. Kobanenko, A. Vasin, A. Shastitko, V. Pruzhansky, A. Varlamova, N. Voznesensky, E. Sokolovskaya, A. Rokhlin, O. Moskvitin, N. Mosunova, A. Ulyanov On March 4, the Supreme Court of Russia issued a ruling on the application of antimonopoly legislation by courts. This is the first broad generalization of antimonopoly practice at the level of the Plenum of the Supreme Court in the last 12 years: the previous Ruling with a similar name was issued by the Plenum of the Supreme Arbitration Court in 2008. We asked experts to evaluate this document. What law enforcement problems were solved in it and what issues were left without the attention of the Plenum?
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.