scholarly journals Arbitration agreements in the foreign economic activity of russian companies

2020 ◽  
Vol 6 (Extra-B) ◽  
pp. 175-179
Author(s):  
Yuri Mikhailovich Lukin ◽  
Arthur Robertovich Vasiliev ◽  
Rafail Valievich Shakiryanov
Keyword(s):  
Economic Activity ◽  
Research Method ◽  
Commercial Arbitration ◽  
Judicial Practice ◽  
Arbitration Clause ◽  
Legal Method ◽  
Recognition And Enforcement ◽  
Potential Risks ◽  
The Russian Federation ◽  
The Common

The article assesses the potential risks associated with the problem of recognizing the arbitration clause as inconsistent or invalid. The main scientific research method used in this article is the comparative legal method, which makes it possible to most accurately determine the common and different features in the approaches of different jurisdictions. This article discusses the main conditions and essential circumstances requiring attention when working with contracts in the foreign economic activity in terms of validity of the arbitration agreements. In order to achieve the goal set in the article, we analyzed: the legislation of the Russian Federation on international commercial arbitration, the UNISTRAL rules, the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958), the international arbitration rules, the judicial practice related to the recognition and enforcement of arbitral awards. As a result of analysis, the article provides provisions aimed at increasing the efficiency of conclusion of such arbitration clauses in the foreign economic activity of Russian companies.    

scholarly journals Arbitration agreements in the foreign economic activity of russian companies

2020 ◽  
Vol 6 (Extra-B) ◽  
pp. 175-179
Author(s):  
Yuri Mikhailovich Lukin ◽  
Arthur Robertovich Vasiliev ◽  
Rafail Valievich Shakiryanov
Keyword(s):  
Economic Activity ◽  
Research Method ◽  
Commercial Arbitration ◽  
Judicial Practice ◽  
Arbitration Clause ◽  
Legal Method ◽  
Recognition And Enforcement ◽  
Potential Risks ◽  
The Russian Federation ◽  
The Common

The article assesses the potential risks associated with the problem of recognizing the arbitration clause as inconsistent or invalid. The main scientific research method used in this article is the comparative legal method, which makes it possible to most accurately determine the common and different features in the approaches of different jurisdictions. This article discusses the main conditions and essential circumstances requiring attention when working with contracts in the foreign economic activity in terms of validity of the arbitration agreements. In order to achieve the goal set in the article, we analyzed: the legislation of the Russian Federation on international commercial arbitration, the UNISTRAL rules, the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958), the international arbitration rules, the judicial practice related to the recognition and enforcement of arbitral awards. As a result of analysis, the article provides provisions aimed at increasing the efficiency of conclusion of such arbitration clauses in the foreign economic activity of Russian companies.    

Compensation for Infringement of Copyright and Related Rights: Essence and Primary Functions

2020 ◽  
Vol 5 ◽  
pp. 34-40
Author(s):  
N. V. Buzova ◽  
◽  
R. L. Lukyanov ◽  
Keyword(s):  
Russian Federation ◽  
Research Method ◽  
Comparative Law ◽  
Civil Code ◽  
Judicial Practice ◽  
Legal Remedy ◽  
Legal Nature ◽  
The Russian Federation ◽  
Judicial Protection ◽  
Exclusive Right

The Civil Code of the Russian Federation provides an opportunity to the rightholder in case of infringement of his exclusive copyright and related rights to demand in court instead of compensation for damages incurred by him to pay compensation. In most cases, when the rightholder applies for judicial protection of his violated rights, he requires the recovery of compensation. This article discusses the legal nature of compensation as a legal remedy of an exclusive right and its primary functions. When writing an article, a comparative law research method is used. As a result of the analysis of russian and foreign legislation, as well as judicial practice, it was found that compensation, in addition to restorative, also has a preventive function and can be considered an analogue of statutory damages.

Problems of recognition and enforcement of international commercial arbitration decisions

2021 ◽  
Author(s):  
Rafael' Komilzhonov ◽  
Yuliya Ivanova
Keyword(s):  
Russian Federation ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Recognition And Enforcement ◽  
The Russian Federation ◽  
Arbitration Award

The article analyzes the problematic aspects of recognition and enforcement of international commercial arbitration decisions on the territory of the Russian Federation. It is noted the complexity and lack of procedural guarantees for the parties to the dispute to implement the arbitration award. It is concluded that it is necessary to remove obstacles to the rapid and effective execution of commercial arbitration decisions.

Individualization of Punishment Taking into Account the Nature and Degree of Public Danger

2016 ◽  
Vol 4 (11) ◽  
pp. 0-0
Author(s):  
Вячеслав Воронин ◽  
Vyacheslav Voronin
Keyword(s):  
Russian Federation ◽  
Criminal Code ◽  
Legal Practice ◽  
The Public ◽  
Judicial Practice ◽  
Common Criteria ◽  
The Supreme Court ◽  
Special Part ◽  
The Russian Federation ◽  
The Common

Part 3 of article 60 of the Criminal Code of the Russian Federation refers to the common criteria of individualization of punishment the nature and degree of public danger of committed crime in each criminal case. The purpose of this article is to analyze the legal practice of this provision, as well as the construction of clarification on the issue of taking into consideration the public danger, which will be useful for the judiciary. For this purpose the author supposes to solve following problems: analysis of dogmatic ideas about the nature and degree of public danger; search for factors that courts consider in determining public danger in judicial practice; analysis of the survey data of judges from different regions of the country. As a result the author concludes that the nature of public danger depends on the object of the offense and cannot influence on individualization of punishment, because it was considered by the legislator when constructing the corresponding article of the Special Part and therefore should be excluded from Part 3 of art. 60 of the Criminal Code of the Russian Federation. Degree of public danger when individualizing is determined subject to the objective and subjective elements of a crime. The author proposed to make recommendations on considering into account degree of public danger in the judgment 22.12.2015 No. 58 adopted by the Plenum of the Supreme Court of the Russian Federation “On practice of criminal sentencing by courts of the Russian Federation”.

scholarly journals A Criminal Misconduct and the Mechanism of its Establishment

Lex Russica ◽  
2021 ◽  
Vol 74 (10) ◽  
pp. 75-84
Author(s):  
A. M. Gerasimov
Keyword(s):  
Criminal Offense ◽  
Scientific Methods ◽  
Judicial Practice ◽  
The Social ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Common ◽  
Common Nature ◽  
Definition Of ◽  
Criminal Legislation

The study is focused on the development of the theory of a criminal misconduct as an independent type of a criminal offense. The aim of the work was to formulate the author’s definition of a criminal misconduct that meets the social demand for the liberalization of the branch of criminal legislation. In the course of the research, the dialectical method was used, which made it possible to discover and analyze the common nature and, at the same time, the independence of a criminal offence and a criminal misconduct A universal tool of cognition was combined with such specific scientific methods as systemic and formal-logical methods. The theses developed in the work are based on the analysis of the content of criminal legislation, as well as the corresponding standins of the Plenum of the Supreme Court of the Russian Federation and representatives of the criminal law doctrine.The author gives examples from judicial practice as illustrations of legally significant situations that receive an ambiguous criminal-legal assessment at the level of law enforcement.Based on the results of the study, the concept of a criminal offense was formulated and the mechanism of its establishment was revealed. A criminal misconduct is justified as an act, although it contains signs of any corpus delicti, formally belonging to the category of small or medium severity, but recognized by the court, due to its insignificance, as not posing a public danger. The mechanism for establishing a criminal misconduct presupposes a statement in the act of the category of public danger (formal signs of corpus delicti) and further exclusion of the degree of public danger and, as a consequence, public danger in general. The ideas presented in the work can serve as a motive and basis for rethinking issues related to the substantiation of the nature of a criminal misconduct and its delimitation from other legal torts.

scholarly journals IMMUNITY OF THE STATE IN THE INTERNATIONAL PRIVATE TRANSPORT LAW: COMPARATIVE LEGAL STUDY

2020 ◽  
Vol 6 ◽  
pp. 23-26
Author(s):  
Tatyana N. Ivanova ◽  
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Commercial Arbitration ◽  
State Immunity ◽  
Judicial Practice ◽  
Arbitration Clause ◽  
Foreign State ◽  
Foreign Countries ◽  
International Private Law ◽  
Legislative Regulation

This article is a study of issues of state immunity in international private transport law. The article as a whole is of an overview nature and will be useful for further research in this area. The author explores the legal regulation of the issue in countries such as Germany, Spain, Hong Kong, North Korea, Ukraine, Norway, Turkey. The paper also examines the development trends of the doctrine of the immunity of a foreign state abroad as a whole, highlights general and special features in the legislative regulation of the immunity of a foreign state in the above countries, and also provides and analyzes relevant judicial practice. In addition, the author explores the issue of jurisdictional immunity in the field of transport law, as well as the question whether it is necessary to involve the state in international commercial arbitration, and concludes that there are no obstacles to the participation of states in arbitration, as the very signing by the state of an arbitration clause means the state’s voluntary renunciation of jurisdictional immunity. In conclusion, based on the analysis, the author formulates some general trends in the legal regulation of foreign immunity abroad. Based on the analysis, it is also concluded that in foreign countries, for the most part, there is no legislative regulation of issues of jurisdictional immunity in international private law.

MULTIVARIANT LEGAL STATUS OF A CITIZEN AND ITS ROLE IN DEFINING THE COMPETENCE OF ARBITRATION COURTS

2018 ◽  
pp. 48-60
Author(s):  
Aleksandr Nikolayevich Ermakov
Keyword(s):  
Russian Federation ◽  
Economic Activity ◽  
Legal Status ◽  
Legal Certainty ◽  
Judicial Practice ◽  
Natural Person ◽  
Legal Nature ◽  
The Russian Federation ◽  
Debt Collection

This study is devoted to the question of qualification of the legal status of a citizen in a dispute arising in the field of economic activity, and its impact on the determination of the jurisdiction of the arbitration court. On the example of cases on debt collection from the guarantor-citizen it is noted that the latter can participate in the disputed legal relations as an natural person, as an self-employed entrepreneur or as the founder of a legal body. It is the legal status of a person, as established judicial practice shows, that is the key argument in determining the legal within jurisdiction of the case. It seems that this circumstance in itself cannot determine the nature of the dispute, which previously drew the attention of the Supreme Arbitration Court of the Russian Federation It is important to take into account the specific legal nature of material legal relations, as well as the nature of the interest of its participants. It is concluded that it is necessary to take into account the abovementioned aspects in the aggregate when determining the jurisdiction of arbitration courts of the cases of the analyzed category. In order to ensure the legal certainty and effectiveness of the protection of the rights of persons in the field of business and economic activity, proposed a technical and legal solution to this problem.

scholarly journals Sources of Formation of Legal Positions of Russian Highest Judicial Bodies

2021 ◽  
pp. 130-142
Author(s):  
Mariia Viktorovna Globa
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Legal Doctrine ◽  
Judicial Practice ◽  
Legal Method ◽  
The Supreme Court ◽  
The Russian Federation

The present study is devoted to determining the place and role of legal positions of higher judicial bodies of Russia (judicial legal positions) in the mechanism of legal regulation. Let us specify in advance that the author means the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation (taking into account the 2014 amendments made to the legislation concerning the liquidation of the Supreme Arbitration Court of the Russian Federation) as the higher judicial bodies of Russia. Establishing the meaning and role of judicial legal positions in the mechanism of legal regulation is carried out by the author of this study through the analysis and demonstration of the main sources of formation of legal positions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation. In this regard, the author of this work identifies as sources of formation of judicial legal positions: legal and non-legal. Non-legal sources of formation of legal positions of the highest courts of Russia differ from the legal ones in the fact that initially they do not have material expression, exist in the abstract, however, have no less importance for the process of formation of judicial legal positions. To the legal sources of creating legal positions of the highest judicial bodies of Russia the author includes: formal sources of law, current legal practice, legal doctrine. As non-legal sources of formation of legal positions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation are: the inner conviction of a judge and professional legal consciousness of a judge. The author of this scientific research consistently reveals the importance and role of each source of formation of judicial legal positions. The conducted study of the most significant sources of formation of judicial legal positions allowed to better understand the place of legal positions of higher courts of Russia in the legal system and their role in legal regulation, which is reduced not just to the interpretation of judicial acts, but also to the formation of new legal provisions, which ultimately form a uniform judicial practice. Methodological basis of the study consisted of: analysis, synthesis, comparative-legal method, deduction, induction and other ways of knowledge used in science. Scientific conclusions and proposals contained in this work may serve as a basis for further theoretical study of the problems of judicial legal positions and used in the activities of legislative and law enforcement bodies.

Development of the Institution of Arbitration in Kazakhstan: Problems of Theory and Practice

2020 ◽  
Vol 11 (2) ◽  
pp. 557
Author(s):  
Ardak SHAIMENOVA ◽  
Gulzhazira ILYASSOVA ◽  
Yevgeniya KLYUYEVA ◽  
Ainura KHASHIMOVA
Keyword(s):  
Statistical Data ◽  
Comprehensive Analysis ◽  
Theory And Practice ◽  
International Treaties ◽  
Judicial Practice ◽  
Legal Method ◽  
Procedure Code ◽  
Recognition And Enforcement ◽  
General Scientific ◽  
Improvement Of Legislation

The article discusses current issues of the application of the legislation of Kazakhstan on arbitration, provides statistical data on the results of consideration of cases on the cancellation of arbitral awards, on the enforcement of arbitral awards and identifies some problems of theory and practice in this area. The aim of the study is a comprehensive analysis of judicial practice on the abolition of arbitral awards, as well as issues related to their enforcement, proposals have been developed on the formation of a uniform judicial practice and improvement of legislation. The work uses general scientific and special research methods: analysis, synthesis, abstraction, induction, deduction, logical and comparative legal method. As a result of the study, the author came to the conclusion that, in general, the norms of the Law of Kazakhstan ‘On Arbitration’, the Civil Procedure Code of Kazakhstan on the procedures for canceling arbitration decisions, recognition and enforcement of decisions of foreign arbitrations are consistent with international treaties.

Development of the Institution of Arbitration in Kazakhstan: Problems of Theory and Practice

2020 ◽  
Vol 11 (1) ◽  
pp. 169
Author(s):  
Ardak SHAIMENOVA ◽  
Gulzhazira ILYASSOVA ◽  
Yevgeniya KLYUYEVA ◽  
Ainura KHASHIMOVA
Keyword(s):  
Statistical Data ◽  
Comprehensive Analysis ◽  
Theory And Practice ◽  
International Treaties ◽  
Judicial Practice ◽  
Legal Method ◽  
Procedure Code ◽  
Recognition And Enforcement ◽  
General Scientific ◽  
Improvement Of Legislation

The article discusses current issues of the application of the legislation of Kazakhstan on arbitration, provides statistical data on the results of consideration of cases on the cancellation of arbitral awards, on the enforcement of arbitral awards and identifies some problems of theory and practice in this area. The aim of the study is a comprehensive analysis of judicial practice on the abolition of arbitral awards, as well as issues related to their enforcement, proposals have been developed on the formation of a uniform judicial practice and improvement of legislation. The work uses general scientific and special research methods: analysis, synthesis, abstraction, induction, deduction, logical and comparative legal method. As a result of the study, the author came to the conclusion that, in general, the norms of the Law of Kazakhstan ‘On Arbitration’, the Civil Procedure Code of Kazakhstan on the procedures for canceling arbitration decisions, recognition and enforcement of decisions of foreign arbitrations are consistent with international treaties.

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