This paper examines the latest case law and urban studies covering place-naming conflicts (e.g. names of public streets, parks, metro stations, etc.). The author elucidates the relationship between the place naming rights in the context of Henry Lefebvre’s “right to the city” and critically assesses the existing approach of the authorities that consists in ignoring residents’ opinions. The author points out typical problems faced by the plaintiffs (preclusive time limits, the question of actio popularis) and hopes that in the place-naming disputes complaints relating to the right to the city will soon be given a green light when evaluating formal aspects of the claim. Today, all toponymic policies are concentrated in the hands of the city administration, and the task of citizens is to become at least an equal partner in this process.
The paper is devoted to a new phenomenon in Russian law - corporate rulemaking. It focuses on the recent practice of courts applying corporate regulations. This practice covered various legal relations: corporate, tax, civil, labor, etc. Accepted acts exist in various forms: charters, regulations, policies, codes, instructions, etc. The author shows a number of problems encountered courts in the process of making a decision and analyzes the ways to solve them.
The article analyzes changes made to the Law on the Prosecutor's Office, which came into force on March 18, 2017. They are mainly related to the establishment of deadlines and procedures for conducting prosecutor's checks on the activities of organizations. The author critically assesses the changes introduced, shows their apparent insufficiency, which is caused by theoretical problems related to the definition of the subject of prosecutor's supervision. The correlation of the prosecutor's supervision with the state control in the historical and comparative legal aspect is investigated.
The article is devoted to the development of laws, doctrines and court practice in transnational insolvency. The author contemplates the European insolvency regulation reform, the adoption of UNCITRAL Model Law on Cross-border Insolvency by the Member States of OHADA Treaty, the development of soft law in the sphere of transnational court-to-court communication. The search for balance between universality and territoriality is emphasised. The author scrutinises the most recent Russian courts’ practice and analyses such aspects as foreign bankruptcy enforcement, reciprocity as the condition for enforcement, the foreign reorganisation plan enforcement, individual claims to the debtor in the foreign bankruptcy proceeding. The article concludes that the practitioners in Russia meet the same difficulties and solve the same problems as their colleagues abroad. The lack of special cross-border insolvency regulation concerns the lawyers more and more.
The article is dedicated to legal nature of mirror trades concluded in the international investment market. The authors analyze the level of legal protection and validity of the transactions from the standpoint of private law and make arguments for its de jure recognition. In the economics the mirror trades are identified differently, the legal definition is based on history of regulatory compliance efforts of financial authorities. The article is instrumental in assessing risks of operating mirror trades for criminal law purposes and its possible recognition as money laundering by financial bodies of the USA, the UK and Russia. Mirror character of the transactions is a result of combination of buy and sale contracts but their economic rationale is suppressed by their beneficiaries. These deals are not presumed illegal but are under surveillance of states due to their efficiency for easy flow of capital between countries. The main examples of mirror trades are connected with recent practices of Deutsche Bank in Russia and Bank of Credit and Commerce International (BCCI) which mostly operated in 70-th and 80-th of the XX century. The positions of New York Department of Financial Services and British Financial Conduct Authority on mirror trades is scrutinized. The authors also analyze the current level of Russian anti-money laundering legislation and countermeasures, the practices of market abuse and evaluate the efficiency of banking supervision.
The article is devoted to the draft Convention on the recognition and enforcement of foreign judgments in civil or commercial matters, developed by the Hague Conference on Private International Law. The article analyses the creation and architecture of the Convention, its scope and the concept of indirect international jurisdiction, which implies verification of the competence of the foreign court that issued the judgment. The problem of jurisdictional gap between direct and indirect international jurisdiction is considered. The author supposes that legal systems will be increasingly influenced by two key trends: on the one hand, uniformity and simplification of the cross-border foreign judgments circulation, and the diversification of recognition and enforcement of judgments in different categories of cases, on the other. The article draws parallels with Russian judicial practice.
The article analyzes interaction between corporate and criminal legislation as to defining persons who are able to commit crimes in corporate sphere. There are several actual and difficult points here in current Russian case law. They include differentiation between public and private officials especially in light of current trend to enlarge a definition of public official; criminal liability of corporate top managers; and rules on criminal liability of persons who exercise a factual control over corporation. The author proposes some guidance on these matters based on case law, corporate and criminal law doctrine.
The possibility and conditions of legal protection of private life depend on the content of this notion, which has not been well elaborated in Russia and abroad. Private, personal life includes personal freedom, freedom of choice of human behaviour (restricted by law), abiding place, places of work and leisure, etc. The way of spending time is also personal choice. Invasion of privacy such as gathering information, stalking and cyberstalking, mental pressure on the victim, infliction of emotional suffering, psychological “terror”, harassment or other actions (controlling or coercive behaviour) are socially dangerous and require regulation under criminal law. The paper analyses foreign laws (UK, Germany, Poland) stipulating criminal liability for stalking, controlling or coercive behaviour in an intimate or family relationship, and determines the corpus delicti of these crimes. The author examines the definition of private life in legal science, jurisprudence and legislation, and concludes that the reviewed concept needs a broader interpretation in law. Specific features are identified in foreign laws that criminalise emotional distress.