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.
The Author concludes, that in bankruptcy cases the ideas of a derivative action and of a class action find their way. The first is typical for the bankruptcy initiation stage and the second – for separate disputes on bringing to subsidiary liability and challenging of transactions. In the context of the chosen problematics the question of creating a mechanism of collective funding of bankruptcy procedures is put up.
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.