The federal legislation on administrative offences traditionally contains the rules of law concerning protection of competition. During last years this branch of the legislation has undergone essential changes. In May 2007 amendments to the Code of the Russian Federation on administrative offences cardinally corrected the previous model of an administrative liability for infringement of the competition rules. How should we estimate changes mentioned above from the point of view of principles of the Russian and foreign competition law? In the present article they are assessed and criticised in accordance with the main constitutional principle of equality of all before the law and court.
The article considers in historical retrospective the experience and tendencies of parallel development of criminal and administrative responsibility and debatable problems of the relationship and differentiation between modern Administrative-Delict Law and Criminal Law in Russia.
The article deals with the axiological problems of nullity and voidability of legal transactions in the sphere of public procurement. It is sharply critical of the ruling points of view which are widely thought to be informed opinions. The author considers that the principles underlying the rules on public procurement, can affect the qualification of void (invalid) transactions under the Articles 167-168 of the Russian Civil Code.
The article considers the ethical, strategic and organizational functions of the budget legislation in the process of interaction of its elements. The important role that the budget law plays in the protection of public values is substantiated. On the one hand, the budget legislation is evaluated as the protection of public values, and on the other hand, as the value itself.
This article analyzes the current state of debates on minimum levels of creativity needed for works to be copyrightable, including dominant principles in Russian jurisprudence and judicial practice, principal trends, and contradictions and dysfunctions that arise in the course of implementation of various criteria of copyrightability.
The article is concerned with antidumping procedures in the Eurasian Economic Community Customs Union. The author draws a conclusion that the organizational and legal mechanism of applying antidumping measures should be perfected.
The article is devoted to legitimation and application of the standards of ex post and ex ante by courts and executive authorities in the sphere of competition regulation. The postulates of ex post and ex ante are considered as legal principles.
Antimonopoly control (merger control) is at the heart of competition law. The paper explores the Russian antimonopoly control (merger control) as a system of interrelated public law obligations which are aimed to ensure competition. In this regard, the author maintains that the legislator, the antimonopoly authority and the courts create the foundation for state antimonopoly control on the basis of two opposing approaches (the principles of unity and differentiation of public law obligations of individuals and legal entities).
Writing this article is concerned with the fact that the court decided that a public prosecutor’s office has a right to claim information which is regarded as a banking secrecy. The authors pay attention to the change in balance of interests concerning banking secrecy in Russia and all over the world. The authors stipulate that public interests are dominating nowadays, as a result of which the regime of banking secrecy has become more vulnerable. In authors’ opinion, such a regime should protect both public and private interests equally, and the list of persons having right to pierce banking secrecy cannot be unlimited. Basing on the highest courts’ jurisprudence analysis, the authors came to the conclusion that a public prosecutor’s office should have no right on disclosure of banking secrecy. The authors also suggest that owners of banking secrecy should have a right on compensation of harm related to illegal distribution of banking secrecy; however, the authors’ forecasts are quite pessimistic.
Aimed at identifying and showing possible forms of a taxpayer's family status influence on his tax liability on the basis of a study of Russian and foreign tax legislation. It is confirmed that the marriage institution can influence on corporate and personal income tax. The family status of a taxpayer can have both positive and negative economic effect for a taxpayer himself. For realizing the principle of equality in taxation a state can apply the family model for person income tax, giving or not giving a taxpayer a choice to use this model.
The article is devoted to historical continuity in the state governing. Issues of existing analogies in the process of forming of system and structure of executive bodies in Russia are considered. The special attention is given to a combination of branch and functional approaches to the organization of executive bodies at different historical stages. In the context of the presumption of "Ideally uniform government" questions of a parity of powers of monarch and ministers in the Russian empire and of the President and the ministries in the Russian Federation are mentioned.