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Regular version of the site
Of all publications in the section: 288
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Article
Ильин А. В. Закон. 2018. № 8. С. 122-136.

The order of revision of the judicial act based on the regulatory legal act subsequently recognized as court invalid has to be based on the constitutional provisions limiting a possibility of giving to judicial acts of retroactive effect. Recognition by court invalid the regulatory legal act from the moment of its acceptance can be considered as a new circumstance only in exceptional cases, the relations connected with character regulated by the challenged act. At the same time at recognition by court invalid the regulatory legal act from the moment of the introduction in validity of the judgment about it this circumstance can be considered as the basis for revision of the judicial act based on such act only concerning the person who has achieved recognition of the regulatory legal act invalid. Full proofs of these conclusions are provided in article.

Added: Sep 27, 2018
Article
Сучкова Н. В. Закон. 2001. № 4.
Added: Feb 17, 2010
Article
Ильин А. В. Закон. 2011. № 11. С. 118-122.
Added: Jan 12, 2012
Article
Тотьев К. Ю. Закон. 2001. № 8. С. 72-77.
Added: Oct 29, 2010
Article
Иванов А. Ю. Закон. 2017. № 5. С. 78-93.

Using the US experience as a benchmark, the author showы how the compulsory licensing is extensively utilized as a tool for stimulating innovation, as well as an essential balancing element for the efficient intellectual property regime. The paper outlines the questions to be discussed at the session “Promoting competition and innovation through access to non-voluntary licensing: the pharmaceutical industry experience” jointly organized by the Federal Antimonopoly Service of Russia and the HSE — Skolkovo Institute for Law and Development within the framework of the VII St. Petersburg International Legal Forum.

Added: Jun 28, 2017
Article
Вишневский А. А. Закон. 2017. № 12. С. 177-186.

It is the author’s opinion that an attempt to offer a comprehensive definition of the good faith principle in modern legislation is unrealistic. The very nature of the good faith phenomena insists that the answers to this question can be traced only in the course of a detailed examination of the specifics and facts of a particular case. Looking at the findings in foreign banking law is useful in this respect, as far as it helps to define the criteria for identification of the cases where the question of good faith is generally acceptable, as well as to avoid an excessively formal analysis in solving any particular case.

Added: Mar 27, 2018
Article
Вишневский А. А. Закон. 2016. № 12. С. 29-37.

The article (based on inter alia comparative legal considerations) puts forward the three principal foundations of the legal regulation of the bank account pledge, namely priority in rank, identification of the encumbered assets, efficient control of the pledgee over the assets. The author insists that these features are to be stated clearly in the legislation, otherwise they may easily lack its efficiency. Based on the above the author proposes practical solutions to a number of the issues raised in the course of use of this collateral, such as terms and conditions of the pledge agreement, possibility of pledge over already existing bank deposit

Added: Jan 7, 2017
Article
Цепов Г. В. Закон. 2016. № 12. С. 139-148.

The paper deals with the problem of unification of legal regulations applied to meetings of members of noncorporate and corporate bodies. Applying the methods of economic analysis of law, the author, firstly, examines the nature of corporate and non-corporate bodies and comes to a conclusion that their structures are significantly different. Secondly, taking the obtained results into consideration and using the formal logical method, the author studies the possibility of constructing an uncontradictory system of legal regulation of noncorporate bodies and corporate bodies. In conclusion the author states that the unification taken in law does not cover all the peculiarities of legal regulation objects, and it is contradictory. The term “civil-law community” should be used only in relation to non-corporate bodies.  

Added: Nov 2, 2018
Article
Иванов А. А. Закон. 2015. № 5.

Several sessions at the St. Petersburg International Legal Forum — 2015 are devoted to the reform of the Russian Civil Code since it is exactly 2015 that may become a starting point for a new stage in development of the civil law in Russia. This year the majority of amendments, developed by leading Russian civil lawyers with the assistance of business community and supposed to suit the advanced civil turnover, are coming into effect. Still, the question whether they will be applicable in practical terms remains unanswered. Author shows concern for this and identifies prerequisites necessary for its resolution.

Added: Oct 31, 2016
Article
Михайлов В. К. Закон. 2019. № 4. С. 83-91.

The present article is, according to the author’s intention, a continuation of the research in this direction and is presented as a regular publication from a series of works devoted to various areas of regulation of the status and activities of judges in the context of ensuring their independence.[1]

The significance of the principle of independence of the judiciary while exercising its main function - justice - for a state that has declared itself legal and democratic, striving to truly respect the rights and freedoms of citizens, is difficult to overestimate. Its presence and reasonable implementation contributes to objective and impartial justice, which, generally, is proclaimed as the main goal of each new reform of the judicial system. However, the changes of the last years, introduced into the judicial system, were mostly aimed at strengthening institutional independence, leaving unattended the individual independence - the judicial one. Experience has shown, that they are closely interrelated with each other and are not separately achievable.

Therefore, there comes a special meaning of the other stage of formation of the judiciary, which is the main one, namely, the process of empowering as a judge those candidates who meet the established requirements. This procedure has a multi-level structure, consisting of both a number of formally fixed verification measures and filters, as well as restrictions that are not directly provided by law, but are actively applied in practice.

The investigation identifies problems of organizational character related to the order of formation of bodies of the judicial community and of functional character, revealing the ambiguous nature of the procedure for vesting judicial powers, and this research also formulates proposals for overcoming current problems in order to strengthen the guarantees of judicial independence.

 

[1] First work from a series if works: Mikhaylov V.K.  Some requirements for candidates for the post of a judge as a threat to the independence of the judiciary // Court Administrator.  2019. № 1. P. 3 - 7.

Added: Apr 27, 2019
Article
Будник Р. А. Закон. 2016. № 10. С. 166-174.

This article is dedicated to analysis of preconditions for development and worldwide use of Creative Commons (CC) license system. CC licensing system is based on legal formula of author’s right protection called «some rights reserved», which is deferent to standard legal formula of copyright as known as «all rights reserved». We provide the description of CC licenses’ terms, their purposes and the legal classification of licenses. We describe the status of adaptation of CC licenses to the legislation of different countries. It is noted that among domestic lawyers is an ongoing debate on correlation of CC licenses rules to the Civil Code of Russian Federation. It is shown that recent supplementation of Russian Civil Code by the novel institute called «open license» in the Article 1286.1 is nothing other than an attempt to receipt all the CC license system in the form of one generalized rule of law. We have emphasized the positive impact of the novel rule on the character of Russian intellectual property rights legislation. We have fulfilled a detailed analysis of low efficiency of the open license instrument in its present form for practical use at present and underline the lack of the situation’s improvement prospects in future. The author proposes to implement the CC licensing system to the national legislation on intellectual property rights in full fledge form without exception by the direct reference to official text of CC licenses in Russian language.

Added: Aug 3, 2017
Article
Фокин Е. А. Закон. 2019. № 7. С. 159-166.

The present paper tries to confirm or refute the hypothesis about Russian commercial procedure as a type of professional legal process. An interim conclusion is made that the position according to which a professional judicial process is a process oriented to professional participants is conservative. Instead of this position, the author puts forward and substantiates the thesis that the main feature of a professional judicial process is effective procedural cooperation between the court and the persons participating in the case. At the same time, the analysis of commercial courts practice conducted in the article leads to the conclusion that the court and the parties have a rather formal cooperation, which is extremely difficult to recognize as effective. This circumstance indicates that it is premature to consider the Russian arbitration process as a professional judicial process. According to the results of the study, it was concluded that in order to give the commercial procedure a professional character, it is necessary not only a fundamental change in the approaches of judicial practice, but also a fundamental change in the general psychology of the cooperation between the court and the parties.

Added: Jun 6, 2019