This article deals with peculiarities of the legal regime of treas- ury shares and issues related to their legal fate. The author gives special attention to the identification and analysis of those problems that arise in connection with the realisation by a company of its shares and offers possible solutions thereof. The author comes to the conclusion that shareholders of a pub- lic company should enjoy a pre-emptive right of purchasing shares, which are realised by the public company to the public, in proportion to a number of shares of the relevant category (type) belonging to each of them. Additionally, the realisation by a public company of treasury shares should be allowed only for specified purposes and be accompanied by the disclosure of information on a transaction and its purpose. Any transac- tion involving realisation by the company of treasury shares in favour of a particular person needs preliminary consent from the company’s general meeting of shareholders.
This paper examines the concept of the ‘right to the city’ by offering an analysis of the roots of the idea: the writings of the French Marxist and social theorist Henri Lefebvre. While there has been a growing utilization of Henri Lefebvre’s concepts during past two decades all over the world, he is neither translated in Russian nor widely recognized among the national legal scholars. The article explores how his theoretical writings on space and the urban can be used to redefine the existing Moscow district courts’ practice. The author emphasizes the main dimensions of the Russian legal framework governing the right to the city (the right to a healthy environment, the right to take part in public hearings, the right to information, etc.) and some civil procedural problems in the context of Lefebvre’s heritage (public interest lawsuits, the discussion “a right or an interest?”).
The paper proposes a method for studying the legal consciousness of judges, based on the analysis of judicial decisions, which overcomes certain limitations of questionnaires and interviews. The effectiveness of this method is shown — a study of several groups of Russian higher court judgments has allowed describing deep attitudes in the legal consciousness of judges of these courts. The analysis covered the legal reasoning of the RF Constitutional Court, the RF Supreme Court and the RF Supreme Arbitrazh (Commercial) Court as well as their interpretation of legal norms and the mechanisms for selecting decisions for referral to the Supreme courts. It is also shown that, despite the limited material used in the study, it is sufficient to make general and justified conclusions about the legal consciousness of judges.