Комментарий к §1, 3 и 4 главы 37 «Подряд» Гражданского кодекса Российской Федерации
The article reveals the essence of the penalty, its main features as a measure of contractual liability.The author examines the procedures and principles for calculating the penaltyand the reasons and ways to reduce its size. The author also analyze the major challenges of the penalty on the basis of legislation and judicial practice.
In legal doctrine the problem of international factoring is not given much attention. Most of the works of Russian and foreign authors devoted to the study of internal factoring. At the same time in doctrine there is no single approach to understanding factoring as such. Particular, you can find different points of view as to the nature, characteristics and key elements of the treaty. Not developed, respectively, and a common approach in respect of the terminology used to refer to in legal relations. In this regard, this paper attempts to investigate the legal nature of the factoring agreement, as well as features of its regulation from the perspective of private international law in order to identify possible ways to improve the latter.
The book is published by the Italian-German Research Center on the basis of the International Scientific Conference «Imperium, state, civitas. Critical contribution to the concept of power in the postmodern era ", held in Villa Vigone (Italy) 19-21 March 2013. The book is a collection of the articles of Italian, German, Russian and Chinese professors of jurisprudence.
This article is devoted to digital rights management, a recent addition to the field of copyright. The introduction of legal measures which protect digital rights management has provided tight holders with a powerful tool, with which to control the use of their creative output.
This article analyses the ways in which different countries approach digital rights management and considers the development of corresponding Russian legislation. The author concludes that we are in the midst of witnessing the creation of a new and unique regulatory regime, which will be founded using new approaches, including the stipulation of conditions for access to copyright works, access to information relating to copyrighted works, the allocation of responsibility, etc.
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/