Проблемы собственности: от перестройки до передела
The monograph examines the norms of the current criminal legislation of the Russian Federation, providing for liability for violent crimes against property, analyzes the practice of application and problems of qualification of these crimes.
The Working Paper examines the peculiarities of the Russian model of corporate governance and control in the banking sector. The study relies upon theoretical as well as applied research of corporate governance in Russian commercial banks featuring different forms of ownership. We focus on real interests of all stakeholders, namely bank and stock market regulators, bank owners, investors, top managers and other insiders. The Anglo-American concept of corporate governance, based on agency theory and implying outside investors’ control over banks through stock market, is found to bear limited relevance. We suggest some ways of overcoming the gap between formal institutions of governance and the real life.
In this article, the author on the basis of Russian judicial practice formulates and analyzes the conditions for upholding actio negatoria.. According to the author, these conditions boil down to the following: violation of the right of the owner ; the causal connection between the violation and the actions of the defendant, as well as the unlawfulness of the actions of the defendant. These conditions coincide with the conditions for satisfaction of the tort claim. The similarity of an actio negatoria with a tort one is caused by the fact that the law does not formulate conditions for upholding of an actio negatoria , but only declares the owner’s right to demand the elimination of a violation of his right not related to the loss of possesion. . When considering a dispute over an actio negatoria and in the absence of a detailed regulation of its conditions, the court, by analogy, applies the rules on tort. The author believes that this situation is acceptable, since an actio negatoria is a form of tort in the field of property.