Pub Date : 2023-07-18DOI: 10.17803/1994-1471.2023.153.8.077-089
V. Laptev
The Russian legislation contains provisions concerning the procedure for holding a general meeting of participants of a corporate organization that pay special attention to the procedure for notifying about the upcoming meeting. The paper examines the issue of notifying the participants of the civil law community about the meeting as a legally significant action affecting the legal qualification and consequences of the decisions taken by the corporation. The balance of interests of minority and majority participants is analyzed when they are notified, taking into account the agenda. The paper differentiates the cases of invalidation of decisions on disputed and void grounds when the procedure for notifying participants of the meeting is violated. The author proposes the ways of verifying the will of a corporate organization when making an appropriate decision, identifies cases of making corporate decisions necessary for the company, as well as the convalidation of decisions taken with a deviation from the established notification procedure. The paper defines legal approaches and constructions of proper notification taking into account the challenges of modernity, including the process of digital transformation of the economy and sanctions economic pressure on domestic business. Also, the paper examines approaches applied in jurisprudence that have developed over the past decade and identifies trends in the transformation of these approaches with due regard to the balance of interests of participants in corporate relations.
{"title":"Notification of Participants of the General Meeting: Legal Significance and Consequences","authors":"V. Laptev","doi":"10.17803/1994-1471.2023.153.8.077-089","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.153.8.077-089","url":null,"abstract":"The Russian legislation contains provisions concerning the procedure for holding a general meeting of participants of a corporate organization that pay special attention to the procedure for notifying about the upcoming meeting. The paper examines the issue of notifying the participants of the civil law community about the meeting as a legally significant action affecting the legal qualification and consequences of the decisions taken by the corporation. The balance of interests of minority and majority participants is analyzed when they are notified, taking into account the agenda. The paper differentiates the cases of invalidation of decisions on disputed and void grounds when the procedure for notifying participants of the meeting is violated. The author proposes the ways of verifying the will of a corporate organization when making an appropriate decision, identifies cases of making corporate decisions necessary for the company, as well as the convalidation of decisions taken with a deviation from the established notification procedure. The paper defines legal approaches and constructions of proper notification taking into account the challenges of modernity, including the process of digital transformation of the economy and sanctions economic pressure on domestic business. Also, the paper examines approaches applied in jurisprudence that have developed over the past decade and identifies trends in the transformation of these approaches with due regard to the balance of interests of participants in corporate relations.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129178452","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-18DOI: 10.17803/1994-1471.2023.153.8.135-147
O. F. Zasemkova
In the context of the changing geopolitical situation and the introduction by various countries of anti-Russian sanctions and unilateral restrictive measures, Russian citizens faced numerous problems arising when trying to apply to a foreign arbitration institution they had previously chosen, when choosing arbitrators, experts and representatives. These problems arise at all stages of the proceedings: from its initiation and ending with the recognition and enforcement of the decision. The paper discusses the main problems and provides recommendations for their solution, supported by examples of judicial and arbitration practice, as well as references to the rules of regulations of various arbitration institutions (LCIA, ICC, SCC, HKIAC, SIAC, DIAC, ISTAC). Based on the analysis, it is concluded that the most effective ways to minimize the impact of sanctions on the proceedings are: 1) the choice of arbitration located in a neutral jurisdiction; 2) choice of ad hoc arbitration; 3) conclusion of alternative arbitration clauses; 4) an application to the Russian arbitration court with a statement recognizing its exclusive jurisdiction to resolve the dispute under Art. 248.1 APC RF.
{"title":"International Arbitration in the Context of Anti-Russian Sanctions: Issues Raised through Practice","authors":"O. F. Zasemkova","doi":"10.17803/1994-1471.2023.153.8.135-147","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.153.8.135-147","url":null,"abstract":"In the context of the changing geopolitical situation and the introduction by various countries of anti-Russian sanctions and unilateral restrictive measures, Russian citizens faced numerous problems arising when trying to apply to a foreign arbitration institution they had previously chosen, when choosing arbitrators, experts and representatives. These problems arise at all stages of the proceedings: from its initiation and ending with the recognition and enforcement of the decision. The paper discusses the main problems and provides recommendations for their solution, supported by examples of judicial and arbitration practice, as well as references to the rules of regulations of various arbitration institutions (LCIA, ICC, SCC, HKIAC, SIAC, DIAC, ISTAC). Based on the analysis, it is concluded that the most effective ways to minimize the impact of sanctions on the proceedings are: 1) the choice of arbitration located in a neutral jurisdiction; 2) choice of ad hoc arbitration; 3) conclusion of alternative arbitration clauses; 4) an application to the Russian arbitration court with a statement recognizing its exclusive jurisdiction to resolve the dispute under Art. 248.1 APC RF.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126552267","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-18DOI: 10.17803/1994-1471.2023.153.8.116-123
V. S. Bekteva
The paper deals with some issues related to the possibility of applying measures of procedural coercion after the suspension of criminal proceedings. The author focuses on the need to improve the legislation governing the application of coercive measures in case of suspension of the preliminary investigation. Based on the analysis of investigative practice, taking into account the position of the Constitutional Court of the Russian Federation, the paper assesses the existing approaches to resolving the issue of the possibility of using coercive measures after the proceedings in the criminal case have been suspended. Following the interviews with judges of the Omsk region district courts, the paper highlights approaches to solving the problem of the effect of procedural coercion measures after the suspension of criminal proceedings. The author proposes to amend Art. 209 of the Criminal Procedure Code of the Russian Federation, which regulates the actions of the investigator after the suspension of the preliminary investigation, indicating the possibility (or lack of it) of applying procedural coercive measures in the event of suspension of criminal proceedings.
{"title":"Application of Coercive Measures in Criminal Cases with Suspended Preliminary Investigation","authors":"V. S. Bekteva","doi":"10.17803/1994-1471.2023.153.8.116-123","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.153.8.116-123","url":null,"abstract":"The paper deals with some issues related to the possibility of applying measures of procedural coercion after the suspension of criminal proceedings. The author focuses on the need to improve the legislation governing the application of coercive measures in case of suspension of the preliminary investigation. Based on the analysis of investigative practice, taking into account the position of the Constitutional Court of the Russian Federation, the paper assesses the existing approaches to resolving the issue of the possibility of using coercive measures after the proceedings in the criminal case have been suspended. Following the interviews with judges of the Omsk region district courts, the paper highlights approaches to solving the problem of the effect of procedural coercion measures after the suspension of criminal proceedings. The author proposes to amend Art. 209 of the Criminal Procedure Code of the Russian Federation, which regulates the actions of the investigator after the suspension of the preliminary investigation, indicating the possibility (or lack of it) of applying procedural coercive measures in the event of suspension of criminal proceedings.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"87 5","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131540766","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-18DOI: 10.17803/1994-1471.2023.153.8.100-107
N. M. Aubakirova-Ter-Grigoryan
The modern Russian legal doctrine has not yet developed a unified approach to understanding judicial discretion. The content of this term seems to be very complex and ambiguous. The analysis of the legislation shows that the discretion of the law enforcement officer (investigator, prosecutor or person in charge of an inquiry) is possible when applying the norms of various branches of law. The importance of defining the most complete and precise concept of judicial discretion is dictated by the complexity of establishing its boundaries.The objectives of the study are to derive the definition of judicial discretion based on a critical assessment of doctrinal definitions and to identify its essential features. The results reflected in this paper show that a considerable number of authors understand judicial discretion in different ways; at the same time, the points of view of scholars still have common ground. The result of the study provides the author’s definition of judicial discretion and the allocation of its essential features.
{"title":"Judicial Discretion: The Concept and Essential Features","authors":"N. M. Aubakirova-Ter-Grigoryan","doi":"10.17803/1994-1471.2023.153.8.100-107","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.153.8.100-107","url":null,"abstract":"The modern Russian legal doctrine has not yet developed a unified approach to understanding judicial discretion. The content of this term seems to be very complex and ambiguous. The analysis of the legislation shows that the discretion of the law enforcement officer (investigator, prosecutor or person in charge of an inquiry) is possible when applying the norms of various branches of law. The importance of defining the most complete and precise concept of judicial discretion is dictated by the complexity of establishing its boundaries.The objectives of the study are to derive the definition of judicial discretion based on a critical assessment of doctrinal definitions and to identify its essential features. The results reflected in this paper show that a considerable number of authors understand judicial discretion in different ways; at the same time, the points of view of scholars still have common ground. The result of the study provides the author’s definition of judicial discretion and the allocation of its essential features.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121885198","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-18DOI: 10.17803/1994-1471.2023.153.8.108-115
A. A. Senokosov
The paper analyzes the problems that arise when providing qualified legal assistance to participants in criminal proceedings in the context of the development of digital technologies. These include the lack of legal regulation for filing complaints, petitions and statements by a lawyer in electronic form at the stage of pre-trial proceedings; the need to strengthen procedural guarantees for obtaining legal assistance by participants in criminal proceedings in connection with the introduction into the criminal procedure law of a rule of law regulating the features of interrogation, confrontation and identification through the use of videoconferencing systems. The author reveals legal uncertainty as to the location of the lawyer of the participant in investigative activities when they are carried out via video conferencing; the difficulties arising when studying the investigation report and making a copy thereof, as well as the feasibility of introducing electronic document management into the criminal procedure at the stage of pre-trial proceedings. The problems of a material and technical nature associated with the introduction of digital technologies in the criminal process are considered. The author substantiates the conclusions about the need to change and supplement the criminal procedure law in order to eliminate the identified problems, gives ways to improve legislation in the field of providing qualified legal assistance to participants in criminal proceedings in the context of the development of digital technologies.
{"title":"Ways to Improve Legal Regulation of the Qualified Legal Assistance Provision to Participants in Criminal Proceedings in the Context of Digital Technologies Development","authors":"A. A. Senokosov","doi":"10.17803/1994-1471.2023.153.8.108-115","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.153.8.108-115","url":null,"abstract":"The paper analyzes the problems that arise when providing qualified legal assistance to participants in criminal proceedings in the context of the development of digital technologies. These include the lack of legal regulation for filing complaints, petitions and statements by a lawyer in electronic form at the stage of pre-trial proceedings; the need to strengthen procedural guarantees for obtaining legal assistance by participants in criminal proceedings in connection with the introduction into the criminal procedure law of a rule of law regulating the features of interrogation, confrontation and identification through the use of videoconferencing systems. The author reveals legal uncertainty as to the location of the lawyer of the participant in investigative activities when they are carried out via video conferencing; the difficulties arising when studying the investigation report and making a copy thereof, as well as the feasibility of introducing electronic document management into the criminal procedure at the stage of pre-trial proceedings. The problems of a material and technical nature associated with the introduction of digital technologies in the criminal process are considered. The author substantiates the conclusions about the need to change and supplement the criminal procedure law in order to eliminate the identified problems, gives ways to improve legislation in the field of providing qualified legal assistance to participants in criminal proceedings in the context of the development of digital technologies.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121120948","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-18DOI: 10.17803/1994-1471.2023.153.8.179-190
L. Maslennikova, A. Sobenin
. The paper reports on the scientific and practical conference «Issues of Protecting the Rights of Citizens Using Digital Technologies in Criminal Proceedings», held on December 20, 2022 in a mixed format. The conference was organized by the office of the Commissioner for Human Rights in the Russian Federation and the Scientific and Educational Center for Human Rights of Kutafin Moscow State Law University (MSAL). The conference was devoted to topical issues related to the protection of the rights of citizens by means of digital technologies, access to justice, the possibilities of digitalization to overcome restrictions in the work of law enforcement agencies and the judiciary, generalization of the experience of foreign states and the Russian Federation in ensuring the rights of participants in criminal proceedings. The conference brought together a wide range of scientists and representatives of the legislative, executive, judicial authorities involved in the protection of the rights of citizens in the criminal procedure.
{"title":"On the Results of the Scientific and Practical Conference «Issues of Protecting the Rights of Citizens Using Digital Technologies in Criminal Proceedings»","authors":"L. Maslennikova, A. Sobenin","doi":"10.17803/1994-1471.2023.153.8.179-190","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.153.8.179-190","url":null,"abstract":". The paper reports on the scientific and practical conference «Issues of Protecting the Rights of Citizens Using Digital Technologies in Criminal Proceedings», held on December 20, 2022 in a mixed format. The conference was organized by the office of the Commissioner for Human Rights in the Russian Federation and the Scientific and Educational Center for Human Rights of Kutafin Moscow State Law University (MSAL). The conference was devoted to topical issues related to the protection of the rights of citizens by means of digital technologies, access to justice, the possibilities of digitalization to overcome restrictions in the work of law enforcement agencies and the judiciary, generalization of the experience of foreign states and the Russian Federation in ensuring the rights of participants in criminal proceedings. The conference brought together a wide range of scientists and representatives of the legislative, executive, judicial authorities involved in the protection of the rights of citizens in the criminal procedure.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121991863","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-18DOI: 10.17803/1994-1471.2023.153.8.053-063
L. Pavlova
The paper examines the procedural rules establishing conditions for assigning claims to summarily triable cases that are not limited by the amount of claims, as well as the practice of arbitrazh courts and courts of general jurisdiction on their application, which indicates the lack of uniformity in the interpretation of these conditions. The author concludes that such claims should, according to the documents submitted by the plaintiff, meet the criteria of indisputability. However, indisputability of the claims identified after referring the case for consideration in a summary procedure does not in itself prevent their consideration in the procedure mentioned above. The author points out the need to distinguish between the conditions for the confirmation of debt by the defendant and the conditions for the recognition of monetary obligations by the defendant; the author justifies the guidelines in understanding and evaluating the latter. The paper also highlights inconsistency in the legal regulation of the balance between writ cases and cases of summary proceedings in civil proceedings. If in the arbitrazh procedure all cases of writ proceedings for which a writ has not been issued fall under the category of summary proceedings that do not require the absence of a dispute concerning the issue of law. In civil proceedings this does not occur and the relevant claims are considered in the general claim procedure, since they cannot be attributed to the category of summary proceedings due to the lack of the criterion of indisputability. In conclusion, the author suggests additional explanations be provided to the courts regarding the formal features of this category of summary proceedings and indicate the need in civil proceedings for summary proceedings to set a limit not of 100,000 rubles, but 500,000 rubles.
{"title":"Conditions for Referring Claims to Summarily Triable Cases not Limited to the Amount of the Claim","authors":"L. Pavlova","doi":"10.17803/1994-1471.2023.153.8.053-063","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.153.8.053-063","url":null,"abstract":"The paper examines the procedural rules establishing conditions for assigning claims to summarily triable cases that are not limited by the amount of claims, as well as the practice of arbitrazh courts and courts of general jurisdiction on their application, which indicates the lack of uniformity in the interpretation of these conditions. The author concludes that such claims should, according to the documents submitted by the plaintiff, meet the criteria of indisputability. However, indisputability of the claims identified after referring the case for consideration in a summary procedure does not in itself prevent their consideration in the procedure mentioned above. The author points out the need to distinguish between the conditions for the confirmation of debt by the defendant and the conditions for the recognition of monetary obligations by the defendant; the author justifies the guidelines in understanding and evaluating the latter. The paper also highlights inconsistency in the legal regulation of the balance between writ cases and cases of summary proceedings in civil proceedings. If in the arbitrazh procedure all cases of writ proceedings for which a writ has not been issued fall under the category of summary proceedings that do not require the absence of a dispute concerning the issue of law. In civil proceedings this does not occur and the relevant claims are considered in the general claim procedure, since they cannot be attributed to the category of summary proceedings due to the lack of the criterion of indisputability. In conclusion, the author suggests additional explanations be provided to the courts regarding the formal features of this category of summary proceedings and indicate the need in civil proceedings for summary proceedings to set a limit not of 100,000 rubles, but 500,000 rubles.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125809617","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-18DOI: 10.17803/1994-1471.2023.153.8.011-019
S. Kabyshev
The paper provides an expanded version of the theses of the author’s report delivered at the scientific and educational conference «Your duty is to preserve the laws … " dedicated to the 280th anniversary of Gavriil Romanovich Derzhavin held at the Kutafin Moscow State Law University (MSAL) on July 5, 2023. The paper deals with the issues of understanding of law as the initial category of jurisprudence in Derzhavin’s ideological and creative semantic space and understanding of the Constitution, bearing in mind G. R. Derzhavin participation in the formation of the project-doctrinal origins of Russian constitutionalism. The author focuses on ideological and spiritual legacy of G. R. Derzhavin directly reflected in his state-political and literary-creative biography. The author, relying on the concept of constitutional dialogue with the past put forward by Derzhavin, reveals a comprehensive creative potential of Derzhavin’s philosophy of state-legal life for the formation of value-semantic, pedagogical and institutional foundations of a nationally oriented constitutional model of the development of sovereign Russian statehood in modern conditions.
{"title":"Through Dialogue with the Past to Finding the Future: Some Aspects of Gavriil V. Derzhavin’s Legacy for the Development of Modern Russian Jurisprudence","authors":"S. Kabyshev","doi":"10.17803/1994-1471.2023.153.8.011-019","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.153.8.011-019","url":null,"abstract":"The paper provides an expanded version of the theses of the author’s report delivered at the scientific and educational conference «Your duty is to preserve the laws … \" dedicated to the 280th anniversary of Gavriil Romanovich Derzhavin held at the Kutafin Moscow State Law University (MSAL) on July 5, 2023. The paper deals with the issues of understanding of law as the initial category of jurisprudence in Derzhavin’s ideological and creative semantic space and understanding of the Constitution, bearing in mind G. R. Derzhavin participation in the formation of the project-doctrinal origins of Russian constitutionalism. The author focuses on ideological and spiritual legacy of G. R. Derzhavin directly reflected in his state-political and literary-creative biography. The author, relying on the concept of constitutional dialogue with the past put forward by Derzhavin, reveals a comprehensive creative potential of Derzhavin’s philosophy of state-legal life for the formation of value-semantic, pedagogical and institutional foundations of a nationally oriented constitutional model of the development of sovereign Russian statehood in modern conditions.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121539113","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-18DOI: 10.17803/1994-1471.2023.153.8.148-159
A. N. Nugmanova
The paper covers certain provisions of a comprehensive study of the implementation of human rights in international investment legal relations. The author attempted to reveal the relevance of the ongoing research and assess the significance of the interaction between international investment law and international human rights law in modern realities. The paper reveals the main options for the interaction of international investment law and international human rights law, both in material and procedural aspects. The author focuses on the practice of resolving international investment disputes in relation to the actions of the host state with reference to the protection of human rights as one of the options for manifesting the relationship between the two branches of public international law. The author reveals the existing patterns in the practice of resolving investment disputes. As a key conclusion, the author puts forward the idea that it is possible to generalize the results of a harmonious interpretation (construction) and the formation of an appropriate unified legal framework for the norms of international public law with a view to its subsequent harmonious application.
{"title":"Implementation of Human Rights in International Investment Legal Relations: Selected Issues of Dispute Resolution Practice","authors":"A. N. Nugmanova","doi":"10.17803/1994-1471.2023.153.8.148-159","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.153.8.148-159","url":null,"abstract":"The paper covers certain provisions of a comprehensive study of the implementation of human rights in international investment legal relations. The author attempted to reveal the relevance of the ongoing research and assess the significance of the interaction between international investment law and international human rights law in modern realities. The paper reveals the main options for the interaction of international investment law and international human rights law, both in material and procedural aspects. The author focuses on the practice of resolving international investment disputes in relation to the actions of the host state with reference to the protection of human rights as one of the options for manifesting the relationship between the two branches of public international law. The author reveals the existing patterns in the practice of resolving investment disputes. As a key conclusion, the author puts forward the idea that it is possible to generalize the results of a harmonious interpretation (construction) and the formation of an appropriate unified legal framework for the norms of international public law with a view to its subsequent harmonious application.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"83 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126183892","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-07DOI: 10.17803/1994-1471.2023.153.8.037-044
V. A. Yagovkina
The paper analyzes the causes and conditions of subsidiary liability of founders for debts of state and municipal institutions paid out of budget funds. The author concludes that it is necessary to take into account the purpose of accepting such obligations by the budget and the instruments that led to their occurrence, as well as the type of state or municipal institution. It is noted that debt collection of budgetary and autonomous institutions out of budgets can occur only in the case of the public nature of contracts from which obligations arise, which, in turn, imposes restrictions on the creditor and affects the balance of rights and legitimate interests of the parties to the contract. Before applying for debt collection of a budgetary or autonomous institution directly out of the budget, it is necessary to prove that there is no possibility of debt collection from the principal debtor. The author also provides a brief analysis of the approaches of the legislator and the courts to collecting debts of unitary enterprises from public legal entities out of budgetary funds. Based on this analysis, it is concluded that approaches to liability for debts of unitary enterprises and state and municipal institutions differ, but in general, there is some similarity, which is most likely caused by the decentralized nature common to their finances.
{"title":"Responsibility of Public Legal Entities for Debts of State and Municipal Institutions at the expense of Budget Funds","authors":"V. A. Yagovkina","doi":"10.17803/1994-1471.2023.153.8.037-044","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.153.8.037-044","url":null,"abstract":"The paper analyzes the causes and conditions of subsidiary liability of founders for debts of state and municipal institutions paid out of budget funds. The author concludes that it is necessary to take into account the purpose of accepting such obligations by the budget and the instruments that led to their occurrence, as well as the type of state or municipal institution. It is noted that debt collection of budgetary and autonomous institutions out of budgets can occur only in the case of the public nature of contracts from which obligations arise, which, in turn, imposes restrictions on the creditor and affects the balance of rights and legitimate interests of the parties to the contract. Before applying for debt collection of a budgetary or autonomous institution directly out of the budget, it is necessary to prove that there is no possibility of debt collection from the principal debtor. The author also provides a brief analysis of the approaches of the legislator and the courts to collecting debts of unitary enterprises from public legal entities out of budgetary funds. Based on this analysis, it is concluded that approaches to liability for debts of unitary enterprises and state and municipal institutions differ, but in general, there is some similarity, which is most likely caused by the decentralized nature common to their finances.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"28 5","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120849998","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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