Сравнительный анализ целей конкурентного права США, ЕС и России
This article is concerned with those aspects of the theory and practice of legal settlement that are relevant to questions about the evaluation of legal settlements in scope of antitrust. The problem is about the settlements concluded between businesses and at the same time obeying the domestic competition law. The contemporary debate about these settlements in Russia is normally presented as an interaction between two sets of ideas. On the one hand is general notion of legal settlement. On the other is the view that legal settlement depends on the activity of antimonopoly authority. The author of the article shows that these statements are incomplete and offers his own solutions to the legal problems by applying the postulates ex post and ex ante.
One of the modern lines of the Russian competition law is strengthening of public sanctions for its infringement. However practical application of these sanctions is possible only at full conformity of circumstances of concrete case to all conditions of application of measures of responsibility. These conditions are listed in the administrative legislation, in the criminal code and in the Law on protection of a competition of 2006. Russian and foreign legal practice shows that the most difficult for the determination are boundaries of the product market where there was an anticompetitive offence. What are the practice of application and prospect of updating of rules of a proof of such boundaries? The present article also is devoted the analysis of this point in question. The author shows features and lacks of use of economic arguments at interpretation of legal concept «the product market».
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/