In this article the directions of reforming of the market of legal services in questions of lawyer monopoly on representation of interests of the principal in courts, introduction of standardization and improvement of quality of the rendered services are considered. Having analyzed the volumes and other characteristics of the market of legal services of the Russian Federation, the author identified and argued the need for measures, the complex implementation of which will achieve the goals and significantly improve the quality of legal services. The author proposes the creation of a mechanism to guarantee the confidentiality of the client, increasing the availability of legal aid to citizens, improving the quality of legal aid by improving the professional level, the creation of normative and professional standards governing the activities of market participants.
Nowadays economic sanctions represent one of the most popular mechanism of non-forcible coercion and exercising pressure on states. This phenomenon generates systemic challenges for national sovereignty, economic security, macroeconomic stability and sustainability. The logical response to the sanctions’ constraints is the creation of a protective legal mechanism allowing to minimise negative consequences of sanctions and effectively resist them. The development of the Russian legislation and ongoing experts’ discussions illustrate that such mechanism is now at its active stage of formation. In the present article we make an attempt to systematise different “anti-sanction” measures, consider their nature and analyse possible ways of improvement and further development. To counter threats caused by sanctions, the Russian authorities are pursuing several interrelated goals, including: (1) demotivating and increasing the costs of economic sanctions for sanctioning states, (2) minimisation of the existing negative effect for the Russian economy and business entities, (3) reducing dependence on sanctioning states in critical sectors of the Russian economy, as well as increasing overall resilience to sanctions’ restrictions. Each of these tasks implies implementation of a set of measures that are considered in this article. At the same time, despite the existing positive results, the Russian anti-sanction mechanism has its own drawbacks of systemic nature, namely, the lack of a comprehensive assessment of the effectiveness of the measures taken, significant gaps in the regulation and administration of the “counter-sanctions”, as well as insufficient use of the potential of international law to resist economic sanctions.
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.
This article continues the cycle, which presents the results of the research into the assessment of domestic civil law and legal consciousness of national lawyers from the perspective of the functional approach to law. The first paper of the cycle considered the main theoretical results, so now these results are empirically confirmed. The empirical part consists of several episodes illustrating the life of modern domestic civil law. Three of them (the supremacy of the Civil Code, the principle of good faith, and unfair conditions of contracts) were addressed in the second article. This third article adds three more episodes: protection of possession, principles of regulation of real estate transactions, and the problem of recovering damages for contractual breach.
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 article puts forward most pressing issues for tax fraud prosecutions, proposes ways to solve them and provides recommendations to taxpayers. It describes criteria to sepa- rate tax avoidance and evasion from the so-called “tax fraud”. To ensure adequate protection of taxpayers’ rights against the risk of arbitrary criminal charges, the author suggests two filters for criminal proceedings - first, when the case is commenced and then when it is referred to the prosecutor.
The Federal Antimonopoly service of Russia is an active law enforcement Agency, whose activities are faced by a wide range of stakeholders. This article offers a view on various aspects of Antimonopoly law enforcement by members of the Association of Antimonopoly experts of the professional community engaged in Antimonopoly law enforcement. The purpose of the study was to identify those aspects of the work of the FAS of Russia and the courts that, in the opinion of respondents, can be considered successful, as well as those in which the quality of law enforcement can be improved.