Правовое регулирование несостоятельности (банкротства)
The article gives a comparative analysis of some aspects of the current legislation on bankruptcy of individuals and the practice of its application in Russia and the United States. As a result of this research an approach has been developed, according to which insolvent individuals (bankrupts) must be differentiated on the basis of the reasons for their insolvency. In particular, in case of financial services consumers’ bankruptcy it is necessary to take into account not only the fact of a debt to a financial institution (bank, microfinance organization, etc.), but also the circumstances of its origin, for the purpose of revealing dishonest creditors. Based on the concept of a differentiated approach to insolvent citizens, the authors have made some suggestions on the implementation and adaptation of certain material and procedural rules of US law, when improving the current Russian legislation regulating the bankruptcy of individuals. The proposals of the authors, in particular, are aimed at improving: procedures for selecting a candidate for the position of a financial manager and establishing his/her powers with a purpose of increasing transparency, and eliminating possible abuses of both creditors and debtors; procedures for collecting, drafting and filing documents to the court, clarifying the participants of this procedure, the grounds for attracting and the measures of responsibility of these persons. In addition, the authors proposed a mechanism for adapting to the Russian realities the so-called conversion institution used in the United States, which involves all features of the debtor’s property position when establishing a debt restructuring procedure or bankruptcy procedure.
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/