The commentary provides an expert assessment of the landmark legislative changes.
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.
This paper provides an overview of the legal regulation and practice of Russian state arbitrazh (commercial) courts in cases of challenging arbitral awards. The paper specifies legal grounds and procedure for challenging arbitral awards in Russia, the typical arguments of the applicants in contesting such awards. A tendency towards the setting aside by the state courts of the arbitral awards has been identified, the relevant statistical data are provided. Separately, the application by the courts of a public policy clause is analysed. Also, the paper examines the specific examples of the effect of setting aside the arbitral awards in Russia on the possibility of their subsequent enforcement internationally. The author argues for a more consistent recognition by the Russian courts of the importance and value of arbitration as a widely used method for resolving disputes, including those arising in international trade.