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Regular version of the site
Of all publications in the section: 106
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Working paper
Mayanskiy E. arxiv.org. math. Cornell University, 2013. No. 5150.
We list all finite abelian groups which act effectively on smooth cubic fourfolds.
Added: Nov 19, 2013
Working paper
Postylyakov S. Law. LAW. Высшая школа экономики, 2015. No. WP BRP 55/LAW/2015.
The article deals with relevant problems of determination of the objective limits of the prejudgment using the prejudgment of the particular types of court rulings as an example. The author concludes that the concept of «circumstances» should be defined as facts and established on their basis legal relations. The author considers that the court orders, the judgments in absentia, the judgments of dismissal due to the approval of the settlement as well as the higher court rulings that verify legality of previous judgments not verifying validity should be excluded from the objective limits of the prejudgment. The author analyzes rules of the draft of the Civil Procedure Code of the Russian Federation of 2000 and comes to the conclusion that Article 61 of the current Civil Procedure Code of the Russian Federation requires to be amended
Added: Oct 8, 2015
Working paper
Rusinova V. Basic research program. WP BRP. National Research University Higher School of Economics, 2019. No. 87.
This article concentrates on two recent judgments issued by the European Court of Human Rights (ECHR) Chambers, on Centrum för Rättvisa v. Sweden and Big Brother Watch and Others v. the United Kingdom, which expressly acknowledged that mass surveillance per se does not violate the Convention on the Protection of Human Rights and Fundamental Freedoms. These judgments have been recently referred to the Grand Chamber, thus giving hope that the approach taken in respect of the launch of mass interception of communications and metadata has a chance to be revisited.  The author reveals whether this approach follows from the jurisprudence of the ECHR, how plausible the argumentation of this court is and how legalization for the bulk interception of data relates to the stance taken by the ECJ, which until that time was dealing with questions of the protection of the right to respect for private life and personal data using the general paths initially paved by the ECHR. The article discloses what precise content in terms of the protection of right to respect for private life lies behind the main findings on the compatibility of bulk interception per se with the Convention on the Protection of Human Rights and Fundamental Freedoms, namely, in which part this court has refused to examine the measures undertaken by states in compliance with Article 8 and in which parts it has strengthened (or relaxed) already inferred criteria. Finally, taking into account the current position of the ECHR at this crossroads, the article dwells on causes that influenced the decisions of its Chambers.
Added: Apr 1, 2019
Working paper
Eduard Ivanov. IACA Research Paper Series. IACA Research Paper Series. International Anti-Corruption Academy (IACA), 2018. No. 02.
The paper presents a comparative legal study of compliance regulation in the areas of AML/CFT and anti-corruption. The main question is whether existing expirience of AML/CFT complaince regulation can/should be considered in the anti-corruption field. The author identifies distinctive features of two different approaches to regulation and the challenges arizing from these, and then analyzes the role of international soft law, national laws and regulations, and compliance programmes of multinational companies.
Added: Nov 2, 2019
Working paper
Ялбулганов А. А. Law. LAW. Высшая школа экономики, 2014. № 35.
The creation of the EurAsEC Customs Union and Russia’s ascension into the WTO has led to a radical change in Russia’s anti-dumping legislation. Anti-dumping regulation ceased to fall under national jurisdiction and was transferred to the Eurasian Economic Commission, a supranational regulator. This article analyzes the new anti-dumping legislation of the EurAsEC Customs Union, anti-dumping procedures, their principles, participants, an main stages, as well as the legal treatment of inform ation used in the anti-dumping regulation.
Added: Apr 21, 2014
Working paper
Poldnikov D. Law. LAW. Высшая школа экономики, 2013. No. 16/LAW/2013.
  The paper suggests several ways to rediscover the legacy of early modern and classical natural law of the 18th century in contemporary legal thought through the joint efforts of legal history and legal theory with particular reference to the domain of contract law. Additionally, the paper justifies the revival of the research in the domain of natural law in connection with legal argumentation.   
Added: May 2, 2013
Working paper
Tretyakov S. V. Высшая школа экономики, 2014. No. 1.
The main idea of this paper is that some sort of legal theory dealing with the law’s social impact is an indispensable element of the legal profession in the time of late modernity. Can legal theory provide an adequate understanding of the social context of the application of law, relying solely on internal resources? If not, which interdisiplinary discourse is the best and why?
Added: Jan 30, 2014
Working paper
Podkolzina E., Voytova T. I. Public Administration. PA. Высшая школа экономики, 2011. No. 01.
The main goal of public procurement reform in Russia, initiated in 2005, was to prevent corrupt deals between suppliers and procurers. That is why the public procurement law favors formal mechanisms to govern most of the stages of procurement: the procurer is not allowed to take into account the reputation of the supplier when he announces calls for bids and selects the supplier, and he is prescribed to use the legal system (courts) if he is not satisfied with the contract performance. Since the efficiency of formal institutions is not very high, these mechanisms are complemented by a “formalized informal instrument” - blacklisting opportunistic suppliers, which is believed to substitute for reputation mechanisms when formal mechanisms are weak. In this paper, we show how and why the institutional environment in Russia makes the blacklisting of opportunistic suppliers irrelevant. We explore how the percentage of contract breaches out of the total number of signed contracts is related to corruption and transparency measures for Russian regions. We also argue that such factors as measurement costs, verification costs, length of contracts and lawsuit amounts influence the probability of winning a legal action for a contract breach.
Added: Aug 27, 2012
Working paper
Maslennikova S. Law. LAW. Высшая школа экономики, 2013. No. 14/LAW/2013.
The author analyzes the different forms of relationships between businesses and bodies of state power in Russia: private and public partnership, the delegation of public powers and property, self-regulation, the transfer of government authority to the private organizations, self-regulation, and how public power is influenced including by specialists. The experience of foreign countries and the legal view on the social responsibility of business are provided. The political-legal traditions of the relationships between private organizations and bodies of state power are analyzed. This has predetermined the current legislation.  The informal and relatively new mechanisms of protection of the rights of businesses are described.
Added: Apr 27, 2013
Working paper
Totyev K. Y. Law. LAW. Высшая школа экономики, 2016. No. 2.
This paper explores business transactions in the context of the principle of legality. It will be argued that Article 168 of the Russian Civil Code, as a meta-rule, contains three types of rules: 1) rules dealing with the priority of special rule and exceptions (exclusive rules); 2) rules dealing with the interpretation of general, special and exclusive rules as well as with the requirements of statutes or other legal acts violated by a transaction and established outside Article 168 of the Civil Code; 3) rules dealing with the admissibility of special rule and exceptions, as well as with the conditions of admissibility of these rules. With regard to the first group of the rules, the legislature and commercial courts consider Article 168 of the Civil Code a common base with respect to other grounds in the Civil Code and in certain other statutes for declaring transactions invalid. According to the second group of rules, the subject-matter (object) of legal interpretation consists of two elements: а) the text of Article 168 of the Civil Code; and b) the texts of legal acts, described by the generic term “statute or other legal act.” Article 168 of the Civil Code provides instructions not only for rules as objects of application of the article, but also for the methods of interpreting violated requirements. The rules of admissibility for special rule and exceptions, as well as the conditions of admissibility for these standards, are aimed at the numerous cases in which the legislature, in the Civil Code or in other legal acts, expressly establishes nullity (voidness), voidability and other legal consequences for illegal transactions. The paper also answers questions regarding the impact of recent amendments to the Russian Civil Code on using rules for business transaction invalidity in commercial courts.
Added: Feb 27, 2016
Working paper
Alexeeva T. A. Changan e Roma: I incontro delle due culture Diffusione e sviluppo del sistema del Diritto Romano e il Diritto Cinese. Atti del seminarioAtti del seminario. Universita Nord Ovesti di Scienze politiche e Giurisprudenza, 2013
The present article is devoted to the study of byzantine fundaments of Russian concept «Empire» and the histoiry of legal copperation between Russia and China.  First of all the author points our attention to the definition of the term «Tzar», existed in Russian impire, on the influence of the concept Moscow – the Thrid Rome on it. The researcher pay attention to the legal status of Ivan IV especially in international relations, and his interratcion with Church, the significance of the theory of «Simfony of Powers». Besides, the author in the article researches the history of legal Russian-Chinese cooperation, the Nerchinsk treaty 1689, pointing the peculiarities of the status of Russian empire. 
Added: Feb 25, 2014
Working paper
Brazhnik T. Law. LAW. Высшая школа экономики, 2015. No. WP BRP 57/LAW/2015.
The present article is motivated by the growing interest in the problem of trademark usage on the Internet and comparatively low interest in the problem of legal protection of other objects having factual distinctiveness. Despite the fact that differences in regulation of on-line and off-line trademark utilization have been recognized for a long period of time, there is still no harmonization in the field of other means of individualization among numerous Russian laws. Although recent research works are numerous, lawmakers haven’t still decided on how Internet has influenced on exclusive rights granted with the Chapter 76 of the Civil Code of Russian Federation. The issue at hand is affected by the significant growth of the Internet and electronic commerce. Moreover, problem discussed in present paper comes from the fundamental question of limits on the exercise of subjective civil rights. The aim of this paper is to analyze different types of means of individualization under Russian legislation; to show key aspects of usage and protection of the means of individualization on-line; to reveal the doctrinal theories stipulating emergence of new distinctive objects; to describe the current and potential pitfalls of legislative framework; and to demonstrate modern legal trends in the field. In addition, the paper suggests different steps and models of further regulatory development. 
Added: Oct 5, 2015
Working paper
Makarov A. Public Administration. PA. Высшая школа экономики, 2014. No. 20.
This article focuses on the development of antitrust policy in transition economies in the context of preventing explicit and tacit collusion. Experience of BRICS, Kazakhstan, Ukraine and CEE countries (Bulgaria, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia, Slovenia, Czech Republic, Estonia) in the creation of antitrust institutions was analyzed, including both legislation and enforcement practice. This article analyzes such enforcement problems as: classification problems (tacit vs explicit collusion, vertical vs horizontal agreements), flexibility of prohibitions (“per se” vs “rule of reason”), design of sanctions, private enforcement challenge, leniency program mechanisms, the role of antitrust authorities etc. Main challenges for policy effectiveness in this field were shown
Added: Dec 4, 2014
Working paper
Fogelson Y. B. Law. LAW. Высшая школа экономики, 2013. No. WP BRP 23/LAW/2013.
This work is an attempt to offer to qualify contracts for the benefit of a third party not by the presence in the text of contract of a right of the third party to enforce the contract, but on the basis of the parties' intention to provide the benefit of a third party as a goal of the contract. The right of a third party to enforce the contract for receive this benefit will be derived from this qualification.
Added: May 6, 2013
Working paper
Savelyev A. Law. LAW. Высшая школа экономики, 2016
The paper analyzes legal issues associated with application of existing contract law provisions to  so-called Smart contracts, defined in the paper as “agreements existing in the form of software  code implemented on the Blockchain platform, which ensures autonomy and self-executive  nature of Smart contract terms based on predetermined set of factors”. The paper consists of  several sections. In the first section, the paper outlines peculiarities of Blockchain technology as  currently implemented in Bitcoin cryptocurrency and which forms the core of Smart contracts. In  the second section, the main characteristic features of Smart contracts are described. Finally, the  paper outlines key tensions between classic contract law and Smart contracts.. The conclusion  section sets the core question for analysis of the perspectives of implementation of this  technology by governments: “How to align the powers of the government with Blockchain if  there is no central authority but only distributed technologies”. The author suggests two  solutions, which are not optimal: 1) providing the state authorities with the status of a Superuser  with extra powers and 2) relying on traditional remedies and enforcement practices, by pursuing  specific individuals – parties to Smart contract - in offline mode. It is emphasized that those  jurisdictions, which have the most Blockchain-friendly regulations will have competitive  advantage in attraction of new innovative business models and companies willing to exploit  them in a legal way.
Added: Dec 22, 2016
Working paper
Kashanin A. Law. LAW. Высшая школа экономики, 2014. No. WP BRP 32/LAW/2014.
In codifying intellectual property rights, Russian legislators have left what standards of originality and creativity can be considered criteria of copyrightability a moot point. Nevertheless, it is crucial for answering questions about where the lower boundary of copyrightability lies and, consequently, what intellectual products that have an insignificant creative component, but are of high economic importance – such as databases, computer software, advertisement slogans or design work – should be copyrightable. This article addresses the problem of identifying criteria for copyrightability and non-copyrightability in the Russian legal literature by modeling various types of demarcation criteria and analyzing their strong and weak points. Analyzing debates in the legal literature warrant the conclusion that there is a trend to set looser standards for originality and creativity and grant copyright protection to works of low authorship.
Added: Feb 14, 2014
Working paper
Tretyakov S. V. Law. LAW. Высшая школа экономики, 2013. No. 11/LAW/2013.
In the present working paper we have hypothesized an explanation for the fact that the evaluation of the social impact of law is modeled predominantly by the economic efficiency concept. Considering the early stages of the concept’s development, we try to make it more intelligible to the European lawyers.
Added: Mar 14, 2013
Working paper
Belkovich R. Law. LAW. Высшая школа экономики, 2013
Traditional ideas sometimes turn into revolutionary ones because of changing circumstances in which they continue to exist. Their revolutionary appearance, however, might be intentionally accentuated by the new followers of these ideas. Consequently, a legitimate and respectable tradition of thought becomes marginal and ridiculed. It is an aim of the history of political thought then to reveal the true origins of these ideas. This paper focuses on one such case, namely, the equitable commerce theory of the first American anarchist Josiah Warren. The study seeks to show that the novel character of this theory is overestimated and that an essentially conservative idea of just price lies in the foundation of the whole American anarchist movement.
Added: May 14, 2013
Working paper
Antonov M. Law. LAW. Высшая школа экономики, 2012. No. 07.
The author examines the theoretical difficulties of implementing decisions and awards of foreign courts in Russia.  Along with the normative conditions of recognizing and enforcing foreign decisions, the author draws attention to the educational background of legal professionals  – especially judges  –  in Russia.  It is suggested that the statist conception of law inherited from Soviet legal science  implicitly leads the contemporary Russian legal doctrine of negating the obligatory force of decisions from foreign courts. In the opinion of the author, the core of this conception resides in the traditional concept of sovereignty, which excludes the direct effect of legal acts made by foreign states, private arbitrations, and international organizations. Nevertheless, some signs of changes in the attitude of the Russian judiciary can be marked in several precedential rulings of the commercial courts. The  author concludes that there are tendencies that are symptomatic of a different concept of law developing in the mentality of legal professionals in Russia.
Added: Jan 17, 2013
Working paper
Nesterov A. Law. LAW. Высшая школа экономики, 2012. No. 06.
This paper considers the main theoretical, regulatory, and practical problems of expertics. It describes a new scientific direction in the field of juridical sciences, specifically in the study of the legal and juridical attributes of expertise and expert activity. Expertics is defined to be a combination of science, practice, and scholarly study. The necessity of studying expertics pertains not only to lawyers, but also to lay individuals whose work concerns various institutions of expertise.
Added: Dec 26, 2012