Договор трансграничного займа: право и практика
The present article examines the main peculiarities of modern development of the sources of Private International Law, including domestic legislation, international treaties, international customs, case law, legal acts of international organizations and lex mercatoria. The author proved that at present the main trend of the development of domestic legislation as a source of PIL consists of its intensive and extensive codification. Another trend of the development of PIL sources undermines the enlargement of instruments of non-state regulation of private international relations, namely, lex mercatoria as an example of soft law. As far as the development of PIL sources in the European Union is concerned, two trends may be observed simultaneously: firstly, formation of European conflict law and European Civil Procedure by instruments not only having legal force but also having direct application on the territory of the EU Member States (regulations); secondly, formation of the unified material rules regulating private relations amongst different subjects on the territory of the EU, which are contained either in regulations, or in non-binding documents.
The article examines current trends in the process of national codifications of international private law (PIL) on the example of countries in Asia and Africa. The choice of the subject of the study is due to the fact that the PIL of these countries is least known to the Russian reader. Meanwhile, the process of codification of PIL is global, covering all regions of the world, including Asia and Africa. The legislation of these countries demonstrates the whole variety of forms and methods of codification of PIL, the whole range of contradictions and problems that arise when developing new laws and modernizing old ones. The article concluded that in the codification of MPEs in African and Asian countries, the intrabranch form dominates, with a considerable number of legislators preferring the intrabranch integrated method; there is a direct borrowing of the European models adopted many years ago, often without their adaptation to current trends in the development of the PIL; many laws on PIL in Islamic countries have a religious tint, which may hinder the normal development of cross-border private relations.
The article contains analysis on the terms of the international loan agreement. The author describes common terms, terms on subject matter, responsibility for non-performance of the obligations as well as on change of the agreement. The article contains description of legal nature of the above mentioned terms supported by references to foreign literature, foreign and Russian laws as well as to court practice.
Nowadays, the European Union has faced significant difficulties associated with the creation of a uniform mechanism for determining the personal law (Statute) of legal entities, i.e. single collision bindings to the personal statutes of companies. Attempts to achieve convergence and harmonization of national legislations in this matter have not yet been crowned with success. The purpose of this study is to analyze the provisions applied in the countries of the European Union, the criteria for determining the personal law of legal persons, as well as judicial practice aimed at the gradual approximation, harmonization and leveling of contradictions in various legal systems. In the article, using a comparative method of research, a detailed analysis of the norms of international treaties and the case law of the Court of the European Union regulating the recognition of legal personality of legal persons was carried out. The following conclusions are drawn as a result of the development of the case law of the European Union: the movement of both the statutory and actual location of the company is allowed under the law of the European Union;the establishment of a company in a state with a more liberal corporate regime is not an abuse of the institution's freedom, even if it serves to circumvent the norms of another member state in which all the company's activities will be carried out; is also not an abuse of the performance of activities not at the place of registration but at the location of the branch of the company; the receiving state is obliged to recognize that a foreign company conducts its activities on its territory, to recognize its legal personality, the settlement theory in this case does not work; the host State can not prohibit a transnational merger and its registration in its registry, if such registration is allowed when merging national companies; the company may move its statutory or actual location to another state without loss of legal personality under the law of the state of creation; the question of the possibility of maintaining the legal capacity and the law applicable to the company (state of creation) when moving to a foreign state is decided by the state of creation itself, which in this case has the right to prohibit or restrict such movement; if the company intends to change the applicable law and take the legal form of the company provided in the receiving state, the state of establishment can not prohibit the migration of the company and oblige it to be liquidated, provided that such a migration is allowed by the receiving state.
The article deals with the actual situation in Russian banking system, analyzing causes and effects of excess liquidity of Russian banks.
The textbook in accordance with state educational standards sets out the main provisions of an in-depth course on Private International Law. Volume 1 deals with the General part of Private International Law theory - the concept, object, system, method, sources. Volume 2 examines specific branches of private international law - the law of persons, international property law, international contract law, private international transport law, private international currency law, international intellectual property law, international tort law, international inheritance law, international family law. Volume 3 highlighted procedural and substantive procedural industry in the system of private international law: international civil procedure, international commercial arbitration, cross-border insolvency (an international bankruptcy law) and international notarial law. All theoretical constructs are illustrated with examples from judicial practice, legal norms and international legal instruments. Analysis of Russian legislation takes into account all the innovations made in the relevant legal acts. For bachelors, undergraduates, graduate students and professors of universities and law faculties of universities and other educational institutions, specializing in international business; economists and legal practitioners.
The paper examines the structure, governance, and balance sheets of state-controlled banks in Russia, which accounted for over 55 percent of the total assets in the country's banking system in early 2012. The author offers a credible estimate of the size of the country's state banking sector by including banks that are indirectly owned by public organizations. Contrary to some predictions based on the theoretical literature on economic transition, he explains the relatively high profitability and efficiency of Russian state-controlled banks by pointing to their competitive position in such functions as acquisition and disposal of assets on behalf of the government. Also suggested in the paper is a different way of looking at market concentration in Russia (by consolidating the market shares of core state-controlled banks), which produces a picture of a more concentrated market than officially reported. Lastly, one of the author's interesting conclusions is that China provides a better benchmark than the formerly centrally planned economies of Central and Eastern Europe by which to assess the viability of state ownership of banks in Russia and to evaluate the country's banking sector.
The paper examines the principles for the supervision of financial conglomerates proposed by BCBS in the consultative document published in December 2011. Moreover, the article proposes a number of suggestions worked out by the authors within the HSE research team.
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/