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Training new lawyers with stronger knowledge and skills is a crucial part of the development of Russian law. Professional legal education has to consider current needs and changes in the intellectual profile of prospective students, responding quickly by revising their curricula. It is time to improve instructional methods and examination formats by moving from memorising current statutory provisions and oral exams to problem analysis and written exams. Therefore, law schools and universities should have freedom of choice as to what to teach in order to ensure transition from competition among university names and traditions to competition among degree programmes.
The author asserts that the legal nature of a bankruptcy administrator’s activities is investigation aimed at identifying the debtor’s assets and obligations; and determining the cause of insolvency. It is argued that the debtor’s director or former director could be forcefully taken to court in case of non-appearance.
The principle of justice of administrative proceedings as a
procedural principle should have its own specific content.
Without this content, the courts cannot apply this principle
in administrative cases. Comparison of the possible content
of the principle of justice with the principles of legality and
equality and analysis of the possibility of disclosure of the
principle of justice through the characteristics of consideration
(through the active role of the court and the distribution of the
burden of proof) and resolution (identification with the means
of checking the administrative discretion) of administrative
cases show that the principle of justice does not have its
procedural content and does not bear any meaning that allows
to apply it in administrative proceedings.
As a result of the unified essence of regulatory affairs as a logical operation
for comparing the meaning of several normative legal acts, disagreements
have yet to cease about whether it is possible to realize normal and constitutional
direct regulation according to unified rules for administrative legal
proceedings. There is a difference of the subject of legal action within the
framework of the named types of direct regulation that are mainly seen in
the method with the help of which they are realized. These differences define
the main legal-procedural characteristics of direct constitutional regulation,
among which is (1) the need to consider a case by the court in a wide
collegial bench of judges that are equal to each other, (2) the subsidiary
character of constitutional legal proceedings for this category of cases, and
(3) the need to appeal the decision of the court. These create specific characteristics
for legal proceedings for constitutional justice, specifically: the need
to introduce special requirements for candidates for judgeships and guarantees
for the status of judges presiding in constitutional legal proceedings,
and empowering the court apparatus with quasi-judicial functions. These
differences in the subject of legal action prove that there are no dogmatic,
political, or legal grounds for conclusions regarding the principal similarities
between constitutional and general direct regulation and on the possibility
for general jurisdiction courts to perform constitutional regulation.
The possibility of revising judicial acts that have entered into legal force and that differ from the positions
of the Constitutional Court is subject to the criterion developed in the practice of the Constitutional
Court, according to which judicial acts may be reviewed for new circumstances at the request of
persons who did not participate in the constitutional proceedings only if these judicial acts are not
executed or are partially executed. However, the content of this criterion has not yet been clarified.
What does execution mean in relation to a judicial act that does not require execution? The article
argues that the criterion of execution in this case should be interpreted independently: a judicial act
should be considered as non-executied (partially executed) only when, despite its entry into force, its
legal effect was not fully realized (the purpose constituting the content of the claim was not achieved).
Only one case falls under the criterion of the execution of judicial acts: when a judicial act that has
entered into force, based on the provision of the law, is subsequently recognized by the Constitutional
Court as unconstitutional directly or indirectly, the person is obliged to give, do, or provide something,
and this person who did not participate in the constitutional proceedings did not fulfill this obligation.
The author grounds the thesis that satisfaction of several claims aimed at protection of a single subjective right doesn't contradict to the current legislation. If one of such judgements is fulfilled, the respondents on the other judgements can file anti-enforcement claims, which in the present situations can be realized by application of article 327 of the Arbitration Procedure Code of the Russian Federation.
The author on the example of a particular case, considered by the Arbitration Court of Saint-Petersburg and Leningradskaya Region, grounds the need of introducing into the Arbitration Procedure Code of Russian Federation a norm, providing the adoption of interim judgements, and proposes the draft of such a norm.
The author analyzes the norms of budget legislation on the provision of subsidies and budget investments to enterprises
and institutions, reveals their legal nature. Having come to the conclusion that there is no system of budget and legal
regulation on these issues, he sees the related imperfection of the tax legislation, which provides for the legal consequences of receiving subsidies and investments by VAT payers.
This article is devoted to the special feature’s legal regulation of the leasing relations in Russia and China. The purpose of this article is to research the problems connected with legislative approaches to the legal regulation of leasing relations in Russia and China.
It is stressed that the legal regulation of leasing relations is based on two directions. The first direction is the regulation of the status leasing subjects by establishing requirements for them. In particular, there are special features of regulation, which is based on the criteria of presence/ absence of foreign capital in the legal entity or the status of a subsidiary. The second direction of еру regulation is the establishment the contract’s models for the leasing relations and legislative requirements for the terms of these contracts.
It is reported that in China the legal regulation of leasing relations is establishing requirements for leasing companies and contractual forms. In Russia, the legislator focuses mainly on the contractual forms but it being discussed the introduction of a special regulation to the leasing companies.
This article is devoted to the questions to the notions “digital economy”, “digital asset”, “tokens”. It analyzes economic and legal doctrines, legislations and law drafts on this sphere. There is no one approach to notions of “digital economy”, “digital asset”, “token” in the legal and economic doctrine, and in the legal practice. A mention should be made that difficulties of the perception of the token is due to the fact that its visible legal form hides various objects of civil rights. As a result, there is a question of possibility/impossibility to include these different objects in one. In conclusion the author proposes to use the construction “property complex” in relation to tokens. Utilization the construction “property complex” to tokens shows the specifics of it and unifies its legal regime.
This article is devoted to the questions to the notions “digital economy,” “digital asset”, “Big Data.” It provides the reader on the view’s resident in economic and legal doctrines as to the notions of “digital asset” and “Big Data.”
The purpose of this article is to investigate the legal nature and legal regime of the digital assets, big data.
It should be stressed that “Big Data” is a property complex including a group objects with different legal nature, which has a common aim. The aim of this property complex is combined (connected) this group objects (elements of the complex) into one object of civil law. This object of civil law has features tradability and it involves specific methods, forms and means to protect the rights of its owner.
The following conclusions are drawn that Big Data consist in 1) information, which conclude “raw data” and the results of processing of “raw data” (which may be including materialized form), 2) property rights (for example, intellectual rights of the electronic computers programs, database). Moreover, it is stressed that the feature of this property complex is the value (for individuals or society) not only itself, but also the elements of such a complex
Currently, the criminal procedure law allows for the interrogation as a witness in a criminal case of a person who is not an attorney, who previously participated in a civil case as a representative of a citizen who has the status of a suspect, accused (defendant, convicted) in this criminal case, about the circumstances that became known to him in the provision of legal assistance to the latter, despite the fact that in other types of proceedings the interrogation of such a person as a witness is prohibited. The article argues from the standpoint of universal legal values, including the right to judicial protection and qualified legal assistance, the need to extend witness immunity to any representative, since such immunity cannot be associated with the regime of attorney client privilege, but on the contrary, the regime of attorney client privilege is only a consequence of the idea of the need to protect the confidentiality of information, the disclosure of which causes irreparable damage to the activity (the relationship) in which this information becomes known to another person.
The author discusses on the issue of how shall evolve the system of summons in the situation when the court’s orders are produced in the form of electronic documents. The necessity of the full conversion to the system of “first notice”, under which the parties to the dispute shall receive only the first court order by mail, is grounded.
The author grounds the thesis on that when establishing the amount of subsidiary liability in bankruptcy cases the property status of the subsidiary debtor has to be taken into consideration. The relevance of an interim order institute is substantiated in the article.
The author substantiates that the legislator shall continue the trend to simplify the proceedings in arbitration courts in the part of resolving bankruptcy cases. It is affirmed, that creditors’ claims should be considered by the court only if objections are filed against such claims.
The author grounds his position that if a person affiliated to the debtor files a claim that emerged due to granting of a loan or other financing on non-market conditions such claim shall be found just but satisfied after the claims of independent creditors.
The author grounds the thesis that non-involvement of an insurance company that insured the liability of a bankruptcy administrator or non-notification of a self-regulated organization, whose member such administrator is, in a separate dispute on consideration of a complaint on the bankruptcy administrator’s actions doesn’t form an unconditional ground for cancelation of a court decision adopted on such a case.
The auther analyzes the evolution of the Supreme Court's of Russian Federation practice of considering in bankruptcy cases claims of creditors based on inter-corporative (inter-group) relations, including loans that cover up financing of authorized capital of a debtor organization, and compares it with the development of German law and court practice of credotors' claims subordination. It is argued that the practice of considering of a creditor's and debtor's relations as inter-corporative will widen up to more numerous cases.