This is the concluding article in the series devoted to the assessment of Russian civil law and legal consciousness of Russian lawyers from the perspective of the functional approach to law. The first publication considered the main theoretical findings, while subsequent articles confirmed these findings empirically. The empirical material consists of several episodes discovering the life of modern Russian civil law. Six of them (Civil Code Supremacy, Principle of Good Faith, Unfair Contract Terms, Protection of Ownership, Principles of Real Estate Turnover Regulation, Collection of Damages) were considered in the previous articles. This article explores the standards of proof as a follow-up on the recovery of damages and compensation for harm caused to life and health.
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.
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.
A fixed-term contract, being a form of atypical employment, due to the presence of an objective reason for its termination - a certain date or event – is attractive for employers. Its usage allows the employer to reduce costs of termination of the employment contract and to respond quickly the changes in the labour market. Russian employers often unreasonably expand using of a fixed-term employment contract, violating the rights of employees. Russian labour law scolars point out the shortcomings in the legal regulation of this type of labour contract and recognize the need for its reform. It is advisable to use the positive legal experience of legal regulation in this sphere in the Eastern Europe countries (Bulgaria, Hungary, Poland, Romania, Slovakia and the Czech Republic, Moldova, Belarus) in order to develop proposals for the Russian Federation. These states have a common political and legal history with Russia within the framework of the Council for Mutual Economic Assistance, in the Soviet Union. These countries can be divided into two groups: members of the European Union and not members of it. The components of the legal regulation mechanism of fixed-term employment contract, enshrined in Council Directive 1999/70 / EC of June 28, 1999 are analyzed. This act was the basis for the general patterns and trends in the legal regulation of fixed-term employment contracts in the Eastern European states of the European Union. Some components of this mechanism are used quite successfully in the Republic of Moldova, although this country is not a member of the European Union. It allows us to say that this legal experience is acceptable for the countries of the Commonwealth of Independent States. In the article are given recommendations on optimizing the legal regulation of a fixed-term employment contract in Russia to ensure a balance of interests between employees, employers. These recommendations are based on of the labour legislation of the countries examined.