Definition of the Applicable Law to the Treaty on International Passenger Air Service in Russian Judicial Practice

2015 ◽  
Vol 3 (10) ◽  
pp. 0-0
Author(s):  
Владимир Канашевский ◽  
Vladimir Kanashevskiy
Keyword(s):  
Consumer Protection ◽  
Applicable Law ◽  
Judicial Practice ◽  
Foreign Law ◽  
Definition Of

The author researches the question of determination of applicable law to the contracts for the international carriage of passengers by air including application of Warsaw Convention and Montreal Convention, consumer protection laws, foreign laws and applicable terms and conditions of the aircraft companies. The author analyses inter alia the issues of determination of the content of applicable foreign law and jurisdiction of the courts over the disputes arising from the contracts for the international carriage of passengers by air. Specifically the author researches the issues of application of Russian Consumer Protection Law (as supra-imperative rules).

scholarly journals Confl ict Regulation of Debtor’s Transactions Invalidity in Cross-Border Insolvency

2021 ◽  
Vol 16 (1) ◽  
pp. 147-155
Author(s):  
M. I. Polshkova
Keyword(s):  
Legal Regulation ◽  
European Regulation ◽  
Applicable Law ◽  
Cross Border ◽  
Judicial Practice ◽  
Foreign Law ◽  
Bankruptcy Procedure ◽  
The Stability ◽  
Relationship Of

Given the lack of proper legal regulation of both cross-border insolvency in general and the invalidity of transactions in cross-border insolvency in the Russian law, the author analyzes Russian judicial practice revealing the problem of determining applicable law in challenging the debtor’s transactions in the framework of the insolvency procedure. The author concludes that the Russian judicial practice shows that determination of the law applicable to the invalidity of transactions is contingent on the existence of a bankruptcy procedure and on the grounds for recognizing the transaction as invalid. Based on the analysis of the European regulation of legal issues applicable when challenging the debtor’s transactions in cross-border insolvency, the author considers possible exceptions to the conflict of laws lex fori concursus for certain categories of third parties to be protected from unexpected interference in the legal relationship of the parties to foreign law in order to ensure the stability of the turnover and maintain legal certainty.

THE EFFECT OF ROME II ON NATIONAL PROCEDURAL LAW

2015 ◽  
Vol 74 (1) ◽  
pp. 37-40 ◽  
Author(s):  
Joshua Folkard
Keyword(s):  
Conflict Of Laws ◽  
Applicable Law ◽  
Procedural Law ◽  
Foreign Law ◽  
Procedural Autonomy ◽  
The Law ◽  
Council Regulation ◽  
Contractual Obligations ◽  
Definition Of ◽  
Court Of Appeal

AT common law, in cases where the substantive claim is governed by foreign law, questions of procedure are nonetheless governed by the lex fori. In the context of damages, although the existence of damage is a question for the lex causae, its quantification and assessment is determined according to the law of the forum (Boys v Chaplin [1971] A.C. 356). The distinction between substance and procedure is preserved by Article 1(3) of Council Regulation (EC) No 864/2007 (“Rome II”) which provides, with certain exceptions, that Rome II “shall not apply to evidence and procedure”. That rule is, however, qualified by Article 15, which requires the law applicable under the Regulation (i.e. “the law applicable to non-contractual obligations”) to govern, inter alia, “the existence, the nature and the assessment of damage or the remedy claimed” (Article 15(c)). The decision of the Court of Appeal in Wall v Mutuelle De Poitiers Assurances [2014] EWCA Civ 138; [2014] 3 All E.R. 340 concerns the definition of “procedure” in Article 1(3) and the meaning of “applicable law” in Article 15(c). It raises the important question of how far Rome II has encroached on the traditional view of national procedural autonomy in the conflict of laws.

scholarly journals DISCUSSION ISSUES OF LEGAL DISCRETION

2020 ◽  
Vol 30 (1) ◽  
pp. 165-169
Author(s):  
N.V. Kuznetsova ◽  
L.P. Lapshina
Keyword(s):  
Legal Norms ◽  
Judicial Practice ◽  
Legal Relationship ◽  
Legal Nature ◽  
Legal Position ◽  
Contractual Relations ◽  
Definition Of ◽  
The Right ◽  
Discretionary Powers

The article presents an analysis of some issues of legal discretion. There is no unified approach either to the definition of discretion or to the legal nature of this phenomenon. There are difficulties in the evaluation of the legal discretion in acting legislature. In private law trial discretion comprises codified regulation. This phenomenon is particularly typical in contract law: the court’s assessment of the behavior of participants in contractual relations as lawful or unlawful, abuse of rights, determination of the nature of the legal norms governing contractual relations. The discretionary powers of the court in many respects make it possible to ensure uniformity in the consideration of cases of a certain category, to form judicial practice on the application of the relevant legislation. The main areas of judicial activity in this case are: making the right choice of the rule of law to be applied to qualify the relevant legal relationship, applying the analogy of law and as well as the legal position developed when resolving a certain category of cases.

scholarly journals LEGAL REGULATION OF THE PROCEDURE FOR HANDLING CROSS-BORDER DISPUTES IN CIVIL MATTERS WITHIN THE EU

2019 ◽  
pp. 183-192
Author(s):  
V. V. VOYNIKOV
Keyword(s):  
Economic Integration ◽  
Legal Regulation ◽  
Access To Justice ◽  
Court Decisions ◽  
Legal Norms ◽  
Cross Border ◽  
Judicial Practice ◽  
Definition Of ◽  
The Eu

This paper is devoted to the consideration of certain aspects of legal cooperation in civil matters related to the determination of jurisdiction, recognition and execution of court decisions, as well as the definition of law to be applied when considering cross-border cases within the EU. At the EU level, an entire system of unified legal norms has been created governing the procedure for handling cross-border disputes in civil matters within the Union. At the same time, the EU’s goal is not to replace national procedural legislation with Allied acts, but to facilitate access to justice in civil cases of a cross-border nature in the context of close economic integration. The author analyzes the concept of «legal cooperation in civil matters», and also reveals its key elements. The paper highlights and examines in detail the four modes of consideration of cross-border cases within the EU, notes their features, as well as analyzes judicial practice.

СERTAINISSUESRELATEDTOTHEAPPLICATIONOFTHEPRINCIPL EOFAUTONOMYOFWILLINFOREIGNECONOMICAGREEMENTS (CONTRACTS)

2017 ◽  
Author(s):  
Oleksandr Radchuk ◽  
◽  
Maryna Kakhnova ◽  
Keyword(s):  
Legal Order ◽  
Choice Of Law ◽  
Applicable Law ◽  
Judicial Practice ◽  
Foreign Law ◽  
The Will ◽  
The Law ◽  
The Relationship ◽  
Economic Agreement ◽  
Autonomy Of Will

This article considers certain issues related to the application of the principle of autonomy of will in foreign economic agreements (contracts). Special attention was drawn to the terms, which are mandatory for the counterparties of a foreign economic agreement when applying this principle. A foreign element must be present in the relationship regulated by the contract. Participants in legal relations may independently choose the law to be applied only in cases provided for by law. The choice of law must be obvious or directly follow from the actions of the parties, the terms of the deal or the circumstances of the case unless otherwise provided by law.It is concluded that there is no time limit to make the autonomy of the will, because the choice of law can be made by the participants in legal relations at any time. A distinction has been made between absolute autonomy of will, which means that the parties can determine any legal order at their discretion and limited autonomy of will, which means that the partiescan choose the legal order relating to the country of the parties.The problem of the conclusive form of expression of autonomy of will in acontract was given detailed consideration, as the case is complicated when the applicable law is not clearly defined. The author defined the difficulties arising when the counterparties of the foreign economic agreement (contract) choose the law of a ‘third’ (neutral) state. In this case it can be difficult for the counterparties to take into account all the consequences of a foreign economic agreement caused by insufficient knowledge of foreign legislation. The author's opinion is expressed about the falsity of contractual practice, when the parties choose the law of the state, the law not related to the country of the parties. Proposals regarding the legislative regulation of the procedure undertaken by the court to clarify the content of this foreign law were made. The absence of this procedure leadto an ambiguous judicial practice, when any courts "avoid" the application of a law other than the law of Ukraine.

State Failure and the Political Violence Phenomenon: A Comparative Analysis of Iraq and Syria Cases

2016 ◽  
Vol 4 (2) ◽  
pp. 170 ◽  
Author(s):  
K. Eylem Özkaya Lassalle
Keyword(s):  
Cold War ◽  
Political Violence ◽  
State Failure ◽  
The Political ◽  
Collective Violence ◽  
Short Run ◽  
Definition Of ◽  
The Cold War

The concept of failed state came to the fore with the end of the Cold War, the collapse of the USSR and the disintegration of Yugoslavia. Political violence is central in these discussions on the definition of the concept or the determination of its dimensions (indicators). Specifically, the level of political violence, the type of political violence and intensity of political violence has been broached in the literature. An effective classification of political violence can lead us to a better understanding of state failure phenomenon. By using Tilly’s classification of collective violence which is based on extent of coordination among violent actors and salience of short-run damage, the role played by political violence in state failure can be understood clearly. In order to do this, two recent cases, Iraq and Syria will be examined.

DEFINITION OF TIME SPENT ON REPAIR OF BUS TRANSMISSION UNITS TAKING INTO ACCOUNT TECHNOLOGICAL EQUIPMENT RELIABILITY

2020 ◽  
Vol 2020 (9) ◽  
pp. 29-33
Author(s):  
Sergey Bulatov
Keyword(s):  
Negative Impact ◽  
Probabilistic Method ◽  
Technological Equipment ◽  
Quality And Safety ◽  
Transmission Unit ◽  
Equipment Reliability ◽  
Hours Of Work ◽  
Definition Of ◽  
Time Decrease

The paper purpose is the effectiveness estimation in the technological equipment use, taking into account its reliability and productivity for defective transmission units of buses. The problem consists in the determination of time to be spent on repair of bus transmission units taking into account technological equipment reliability. In the paper there is used a probabilistic method for the prediction bus transmission units, and also a method of the dynamics of averages which allow ensuring minimum of costs for units downtime during repair and equipment cost. The need for repair of transmission units (gear box) arises on an average after 650 hours, the average productivity of the bench makes 4.2 bus / hour. The bench fails on the average after 4600 hours of work, the average time of the bench makes 2 hours. In such a way the solution of the problem specified allows analyzing the necessity of time decrease for transmission unit repair to avoid long downtimes of buses in repair areas without negative impact upon high repair quality and safety during the further operation.

Tests of jackhammers (formation of bench techniques)

2020 ◽  
pp. 28-32
Author(s):  
V.S. Vanaev
Keyword(s):  
Impact Energy ◽  
Bench Tests ◽  
Measuring Complex ◽  
Energy Indicators ◽  
Definition Of ◽  
Determination Of Parameters ◽  
Dynamic Indicators

Development of complex determination of parameters of jackhammers at bench tests is studied. The modern support of tests of jackhammers for the purpose of definition of their energy, vibration and noise indicators is considered. Descriptions of the SORP universal bench and UIPU measuring complex are given. Keywords jackhammer, bench, tests, processing object, energy indicators, impact energy, dynamic indicators [email protected]

On the Problems of Acts Qualification as Violations of Antimonopoly Legislation in Administrative and Judicial Practice

2020 ◽  
Vol 10 ◽  
pp. 62-69
Author(s):  
К. А. Pisenkо ◽  
Keyword(s):  
Russian Federation ◽  
Point Of View ◽  
Judicial Practice ◽  
Illegal Acts ◽  
The Russian Federation ◽  
Definition Of

The article is devoted to defining the main approaches to classifying acts as violations of аntimonopoly legislation. On administrative and judicial practice discusses current issues and problems of definition of illegal acts, both from the point of view of antimonopoly regulation, and the delineation of antimonopoly violations and violations of other mandatory requirements established by the legislation of the Russian Federation.

Actual issues of valuation of businesses of the economic entity

2017 ◽  
Vol 31 (2) ◽  
pp. 156-162 ◽  
Author(s):  
O. V. Schneider
Keyword(s):  
Discount Rate ◽  
Accurate Prediction ◽  
Economic Activities ◽  
Business Valuation ◽  
Economic Entity ◽  
The World ◽  
Definition Of

The article summarizes the main approaches in the definition of business valuation the economic entity. In the process of business valuation, taking into account the risks of financial and economic activities necessary to obtain information on what stage the owner implements the business will receive income. The most difficult task is the impossibility of accurate prediction in determining the level of income and the determination of a discount rate capitalization of future incomes due to the instability of the economy, both in the country and around the world.

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