Judicial expenses became subject to the Plenary Resolution of the Supreme Court for the first time. The author attempts to find in the explanations of the Supreme Court any leading idea or general principle which would allow to cover all proposed explanations. The interpretations put by the Supreme Court are analysed in the context of various theories defining the nature of court costs: the procedural theory, the theory of damages, and the theory of the actual procedural behavior.
The article presents the results of the assessment of domestic civil law and legal consciousness of Russian lawyers from the standpoint of a functional approach to law. This first theoretical part considers historical roots of dogmatism in Russian legal consciousness and shows that dogmatism, which is closely connected with the super positivist approach to law, is still imprinted in the minds of domestic civilists. The functional approach to law is described as a necessary addition to legal dogmatism and an opposition to positivism, as well as the essence of the social impact of law. These theses are empirically confirmed in the second part of the paper. The author considers the principle of good faith, standards of proof, protection of possession, recovery of damages, compensation for harm to life and health, etc., and proves that in these key areas of civil law the dogmatic approach still prevails or significantly hinders the effective operation of such civil law instruments.
The article provides continuation of a study on the assessment of Russian civil law and legal awareness of Russian jurists from the standpoint of a functional approach to law. In the first part of the study, the main theoretical implications of the functional approach to Russian civil law were examined. Here the theses expressed in the first part are confirmed empirically. The material constituting the empirical part of the study consists of several episodes from the life of modern Russian civil law. This article presents three of such episodes - the supremacy of the Civil Code, the principle of good faith and unfair contract terms.
In the present article author analyses the key problems of the development of the international justice in conjunction with international law and policy. Using the European Court of Human Rights as example, he demonstrates the trend of development of international jurisdictional bodies. Upon author’s view, the balanced development of the international law as well as the vitality of the existing mechanisms of the international protection of human rights are impossible in the absence of the effective dialogue between national and supranational courts.
The Article is concerned with recent history of relations between Russia and the Rome Statute. Such history began in the 1990s, during the preparatory stages for the Statute’s enactment, and officially ended in 2016. During this period of time, there were changing attitudes to the Statute, attempts to ratify it, proposals to change national legislation with regard to international crimes. The author concentrates on official positions as to the Statute and connected scholar and political views. The main assumption proposed in the Article is that the relations with the Statute (and of course with the International Criminal Court) were subject for political considerations. There were no significant legal and public discussion as to its ratification, implementation or rejection. Despite the formal rejection of the Statute to this moment, it surely will influence at least scholar discussion on international criminal law matters in the future.
The paper explores the competition dynamics of the global seed market. It documents the economic concentration of the sector, in particular the M&A activity of the major seed companies and their reliance on complex intellectual property strategies in order to offer a one stop shop solution to farmers. Recent merger activity in this sector (the Monsanto bid to buy Syngenta, the DuPont and Dow merger deal, ChemChina’s bid to buy Syngenta) illustrates its rapid transformation from an already concentrated industry to a tight oligopoly on a global scale. The increasing global consolidation of this industry raises new challenges for competition law enforcement authorities dealing with the emergence of new powerful actors at the factor of production (input) level, in view of the broader concerns animating public policy in the food sector and the existence of a nexus of international commitments for biodiversity, sustainability, the right to food etc. By exploring this under-studied but fascinating area of competition law enforcement we open the debate over the inclusion of broader public interest concerns in competition policy and the consideration of its distributive impact from a global perspective.
Currently, the criminal procedure law allows for the interrogation as a witness in a criminal case of a person who is not an attorney, who previously participated in a civil case as a representative of a citizen who has the status of a suspect, accused (defendant, convicted) in this criminal case, about the circumstances that became known to him in the provision of legal assistance to the latter, despite the fact that in other types of proceedings the interrogation of such a person as a witness is prohibited. The article argues from the standpoint of universal legal values, including the right to judicial protection and qualified legal assistance, the need to extend witness immunity to any representative, since such immunity cannot be associated with the regime of attorney client privilege, but on the contrary, the regime of attorney client privilege is only a consequence of the idea of the need to protect the confidentiality of information, the disclosure of which causes irreparable damage to the activity (the relationship) in which this information becomes known to another person.