This paper examines the provisions of Law No. 455-FZ, which was signed by the President of the Russian Federation close to New 2018 Year's Eve along with a package of amendments to the Town Planning Code. The author emphasises the relationship of the provisions governing public consultations with the concept of the ‘right to the city’ and critically assesses the traditional public hearings. It seems right to secure a balance between the “weak” citizen and the “strong” official at any stage of the discussion on urban development projects. The author considers that the electronic form of public consultations will make the procedure even more controversial, and that new progressive tools for civic participation should be implemented into Russian legislation.
This article focuses on research into normal business risk, a notion which is used in resolving disputes involving tort liability of the CEO of a company and recovery of losses suffered by the company. Based on the legislative provisions, the analysis of judicial practice and the study of doctrinal positions, the authors define the concept of normal business risk, identify some problematic aspects of its implementation, assert its inappropriate use in assessing the behavior of the company’s CEO for compliance with good faith and reasonableness requirements as well as explain why this concept needs to be replaced.
For the first time, the Code of Administrative Procedure has introduced property and educational qualifications for persons who wish to challenge legal acts in court. Such decision of the legislator raises doubts from the point of view of its compliance to the Constitution. The author examines the reasons for this decision in light of the access to justice, guarantees to qualified legal aid, principle of equality of parties, and the features of judicial compliance assessment.
The article analyses Art. 183 of the Civil Code of the Russian Federation, which refers to the contract of obligation by representative without authority. The author believes that the rights and obligations stipulated by this agreement arise only with the approval of the person represented. In relation to the contract, approval is a suspensive condicio juris. Until it is approved or denied, the legal effect of the contract is in a suspension, it is like a suspension that takes place under a condition that the parties agree on of their own free will
Provisional application of a treaty, which is subject to ratification, raises fundamental questions to constitutional systems in general, the principle of separation of powers and democratic legitimacy in particular. The assessment of the validity of a State's consent to be bound by provisional application of a treaty or parts of it should be based on the norms of the constitutional law of the State concerned. A different approach, when international law is interpreted in isolation from the domestic constitutional requirements, results in dysfunctional outcome and imputation of consent to the State bypassing the necessary constitutional procedures. In accordance with the Constitution of the Russian Federation, the powers of the President of the Russian Federation and the Government of the Russian Federation related to provisional application of treaties are not absolute. They should be exercised within limits provided by chapters first and second of the Constitution of the Russian Federation. Decisions of fundamental importance, including transfer of some of the sovereign powers to the international level, creation of alternative to national courts dispute resolution procedures, expressing consent to the jurisdiction of international investment arbitration cannot not be made without ratification and legitimation by the legislative body of the Russian Federation.
The Author contemplates on deep doctrinal issues, that emerge during the consideration of disputes on challenging of the creditors’ meetings’ decisions in bankruptcy cases. In particular, as the Author asserts, the resolution of practical cases depends on the approach towards the court decision concept (theory of declaration or theory of order), and on the answer to the question on is a meetings’ decision a civil transaction of not.
Corporations are empowered to set the amount and the procedure for making property contributions by their members. Therefore, corporate bodies are given an opportunity to affect personal property of corporation members, which conflicts with the principles of autonomy of the will, equality, privacy and inviolability of property. To overcome this contradiction the author suggests using the methodology of the contractual theory of the corporation. Without denying corporations their rights to set the amount and the procedure for making property contributions, the author comes to a conclusion that these decisions can only be taken within a “corporate contract”. While the “corporate contract” is incomplete, a concerned participant has a right to challenge the decision in court on the grounds of inconsistency with the purpose and profile of the corporation’s activities, as well as the principles of equality, reasonableness and good faith. What is more, in case of taking a binding decision without the participant’s consent, the participant has the right to withdraw from the corporation. The obligation to pay future property contributions should cease upon termination of membership relations unless otherwise provided in the agreement between the participant and the corporation.