The author attempts to provide for a possible method of comparative studies in the religious legal system, defined hereof as decofessionalisation of the sacral meaning of a religious norm. The substance of the method is a shift from a confessional tradition of understanding of the norm to its deeper sacral meaning. This requires a shift from certain traditional paradigma, at the same time it’s promising as far as it opens a possibility to find those common grounds, which are requested by the modern world as a theoretical background for removal of dangerous modern rivalries
The research paper analyzes the results of recent decriminalization of family battery, summarizes the judicial statistics and foreign experience in combating domestic violence. The author claims that family battery should be punished more severely than battery against unfamiliar people, however the concept of “close person” used in the previous version of Art. 116 of the Criminal Code should be revised. The article concludes that punishment in cases of domestic violence is ineffective, since the courts often impose fines which are paid out of the family budget. The author agrees with the position of the European Court of Human Rights and the United Nations: domestic violence in Russia must be criminalized again and private prosecution in such cases is unacceptable. The article also summarizes the positive experience of restorative justice in cases of domestic violence.
The article examines three categories of directors in English and Russian corporate law. These include: de jure, de facto and shadow directors. Upon analysis of English case law, the author comes to the conclusion that there are two approaches to the understanding of de-facto directorship — a narrow one under which a de-facto director is a person who has not been properly appointed as a company’s director, and a broad one under which it is irrelevant whether there has been an act of election; what is important is whether a person has behaved as if (s)he were a director. It is the broad approach which gives rise to the problem of drawing a line between de-facto and shadow directorship. The article provides a comparative analysis of de-facto and shadow directorship with the notion of a controlling person in Russian corporate and bankruptcy legislation.
Constitutional Court of Russia and anti-COVID regulations — Vaccination passports — Navalny’s case — Life after quarantine — Renovation and good treatment of property — Banning Trump and Ban а la russe — International investment arbitration case in the Constitutional Court of Russia — ECHR decision on partial admissibility of Ukraine’s interstate complaint against Russia
The key problem of the article is the formation, distribution and transfer of powers of sole Executive body of a business company. The author addresses such issues as the content authority, which are considered as a unity of rights, obligations and encumbrances, forming the competence of the body that realizes the capacity of a legal entity. Also the subject of analysis is the contract on transfer of powers of sole Executive body of the company and arising in connection with this problem of access to carry out an activity.
The article is devoted to the problem of comparison between the international human rights law and the international humanitarian law. It is demonstrated on the basis of particular cases from the European Court of Human Rights practice that all attempts to erase the boarders between two spheres of international law are dangerous and counterproductive.
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 article discloses the key Russian legal arguments with regard to the competence of the international investment arbitration tribunals to consider claims of the Ukrainian citizens ad entities, who have lost their assets in Crimea after its reunification with Russian Federation in 2014. Author, directly involved into the representation of the defendant in such international proceedings analyzes the international law sources regulating the territorial application of the international treaties and legal nature of the tribunal’s jurisdiction and particularly concludes that in the context where Ukraine does not officially recognize Crimea as part of Russia, any Ukrainian investments on the peninsula are not covered by the relevant BIT and arbitration tribunals have no jurisdiction to resolve such disputes.
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