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.
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.
The article is devoted to the implementation of the judicial protection’s right in the context of a coronavirus pandemic. The authors examined certain aspects of the organisation of judicial activity on the example of the Russian Federation and the judicial systems of individual states. Largely, the authors positively evaluating the measures taken in the Russian Federation. Meanwhile, the authors emphasise the potential of an analogy of law that allowed the courts to find new forms and methods of procedural communication with participants in the court. At the same time, the authors believe it is extremely important to find a balance between the clearly identified tendency to “de-ceremony” justice and the need to respect fundamental procedural rights and preserve the content of justice through the development of a “digital judicial presence” as one of the options for exercising the right to be heard in court.
The author considers how trust and beneficiary ownership are connected with marital property relations. Having analysed the doctrine and current judicial practice, he suggests ways to handle the conflicting issues. The paper also looks at the problems of qualification and choice of law applied to a trust, and demonstrates the necessity to adopt independent regulations of conflict of laws, particularly relating to resolving property disputes between spouses.
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.
Russian Constitutional Court ruling on L.V. Tukhta’s complaint — Navalny trial — Rehabilitation of Nazism and prosecution for it — Public Outreach Act — Twitter slowdown — Digital control and digital tax — New tax and antitrust clarifications — UK Supreme Court ruling on Uber
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.