The author analyzes the limits of enforcement with regard to debtor in the enforcement procedure, taking into account the inadmissibility of ambiguously long and disproportionate state actions against debtor (including liability measures). Defining the limits of enforcement, it is assumed that debtor in the enforcement procedure does not stand again the state, represented by the bailiff, but the creditor. It means that enforcement is to be applied not in some abstract public interests, but as a rule, in the interests of other private person, holding the enforcement document issued for his/her name.
Substantive limits of exercising of the subjective rights define the procedural limits of its realization in the enforcement procedure. Consequently, in order to balance the interests of parties of enforcement procedure and state, the liability measures implied on the debtor in the enforcement procedure are to be differentiated taking into account the nature of the writ of execution, the fair distribution of risks if non-performance between the debtor and creditor.
The paper considers the efficiency of the statement of circumstances in the light of its purpose in contractual relations. The author insists that it cannot be efficient in its current form under the Civil Code
The paper deals with problems arising from the use of Soviet brands, the rights to which are monopolised by certain market players. The author considers doctrinal critical arguments against establishing the right of prior use of these brands.
Аннотация. The authors analyses the legal maxim “iura novit curia” in a contemporary criminal procedure. It is concluded that this maxim clearly cannot be supported due to exceptional difficulty of legal regulation today. That is why the trial court needs in some kind of assistance in legal matters. However, Russian criminal procedure legislation does not provide any legal tool for such assistance. The day-to-day court’s practice varies from neglecting such assistance to its acceptance either as expert report or as witness statements. The authors analyses these approaches and concludes that there is a necessity in a special legal regime similar to one adopted in arbitration proceedings in Russia. They propose several principles of such regime. The main conclusion is that the judge is not required to follow the proposed legal assistance. However, he may follow the reasoning behind it if he finds it conclusive
The paper provides an overview of data localization provisions of recently adopted amendments to Federal Law “On Information, information technologies and protection of information” and Federal Law “On Personal data” and their impact on Internet-businesses. The paper focuses on analysis of subjective scope of these provisions, types of data to be stored locally, content of relevant cooperation obligations with Russian Law enforcement agencies and respective liability for non-compliance.
The paper analyses regulatory frameworks for telemedicine in employment relations in Russia and abroad in a comparative context. The author considers the topic from two viewpoints: firstly, as a service employer and employee use to simplify statutory procedures that relate to employee health, and secondly, as work duties healthcare professionals perform in the course of their employment relations bearing specific liabilities and sustaining specific consequences. In conclusion, the author formulates recommendations for amendments to national legislation.
Among the amendments included in the fifth antitrust package, most questions and objections were raised by
the trustee provision, since this instrument was never used and approached by experts or practitioners in Russia.
The article analyses the functions and obligations of monitoring trustees and the tasks that they have to perform.
The facts, examples and expert views presented in the article show a widespread and systematic use of trustees to ensure the effective implementation of remedies in complex cases, primarily in mergers. Particular attention is paid to the role and importance of trustees in antitrust cases involving the digital economy, where it is necessary to provide access to information and data, to ensure transfer of technology and the use of intellectual property rights.