Courier of Kutafin Moscow State Law University (MSAL))最新文献_第4页

Certain aspects of carbon pricing and its peculiarities 碳定价的某些方面及其特殊性

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-12-21 DOI: 10.17803/2311-5998.2023.109.9.188-198

S. L. Sitnikov

引用次数: 0

Impact of Sanctions on Formation of the Russian Approach to the Legal Regulation of Cross-Border Insolvency 制裁对俄罗斯形成跨国界破产法律监管方法的影响

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-12-21 DOI: 10.17803/2311-5998.2023.109.9.231-240

E. I. Skoptsova

{"title":"Impact of Sanctions on Formation of the Russian Approach to the Legal Regulation of Cross-Border Insolvency","authors":"E. I. Skoptsova","doi":"10.17803/2311-5998.2023.109.9.231-240","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.109.9.231-240","url":null,"abstract":"This article is devoted to the analysis of the impact of sanctions and counter-sanctions measures on the formation of the approach of Russian courts to the consideration of disputes in insolvency cases. under the influence of integration processes on a global and regional scale, there is an intensification of foreign economic relations of economic entities from different countries, the interdependence of legal entities is formed within the framework of the international economic process. the active development of international economic activity brings with it not only great profits, opportunities for cost reduction and the development of international communication, but also the most severe crisis phenomena, a great risk of not staying afloat, resulting in a relatively new phenomenon of cross-border insolvency. The author noted the problematic aspects of the impact of sanctions on the consideration of insolvency disputes, including the initiation of bankruptcy proceedings, the inclusion of foreign creditors in the register of creditors’ claims, the recognition and enforcement of foreign judgments. The author studied cases from the latest practice of Russian courts, noted the features of the consideration of insolvency cases involving creditors and debtors of «unfriendly» countries, made conclusions and assumptions about the further development of judicial practice.","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"49 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138949377","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}

引用次数: 0

Enforcement of a Foreign Judgment within the Framework of the Execution of a Letter Rogatory 在执行调查委托书框架内执行外国判决

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-12-21 DOI: 10.17803/2311-5998.2023.109.9.223-230

N. N. Karandasheva

引用次数: 0

International mechanisms for the protection of children’s rights and family rights in the context of the transformation of interstate cooperation 在国家间合作转型背景下保护儿童权利和家庭权利的国际机制

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-12-21 DOI: 10.17803/2311-5998.2023.109.9.165-173

O. E. Savenko

{"title":"International mechanisms for the protection of children’s rights and family rights in the context of the transformation of interstate cooperation","authors":"O. E. Savenko","doi":"10.17803/2311-5998.2023.109.9.165-173","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.109.9.165-173","url":null,"abstract":"In this article, the author analyzes modern mechanisms for protecting the rights of the child in the context of a regulated transformation of international cooperation between states. On a regular basis, a medical institution appears in the Russian Federation and the development of institutions for the protection and protection of human rights as a universal mechanism for the protection of human rights. This approach is based on the so-called European model of human rights protection, but the adoption of politicized decisions of international bodies for the protection of human rights. The authors presented sustainable changes that have affected Russian citizens in the exercise of their rights to international protection in the context of a global crisis between states. The methodology is conditioned by the goal of the research and includes, first of all, general and general scientific methods of research: systemic, unified, functional, historical. As a result of the study, the author concludes that it is necessary to create alternative instruments for the protection and promotion of human rights, the platform for which can be the Commonwealth of Independent States or the community of friendly states. The scientific and practical significance of the presented conclusions is due to a comprehensive analysis of the existing international mechanisms for the protection of the rights of the child in conditions that may affect their modification — the crisis of international cooperation.","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"55 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138950825","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}

引用次数: 0

About Development of International ESG Disclosure Standards 关于制定国际环境、社会和治理信息披露标准

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-12-21 DOI: 10.17803/2311-5998.2023.109.9.147-154

E. N. Puzyreva

引用次数: 0

Prospects, dilemmas and ways of the rule of law for digital commerce in the framework of the Belt and Road 一带一路 "框架下数字商务的法治前景、困境和途径

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-12-21 DOI: 10.17803/2311-5998.2023.109.9.199-209

Shaoxue Jia, Gong Nan

{"title":"Prospects, dilemmas and ways of the rule of law for digital commerce in the framework of the Belt and Road","authors":"Shaoxue Jia, Gong Nan","doi":"10.17803/2311-5998.2023.109.9.199-209","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.109.9.199-209","url":null,"abstract":"Global digital transformation and fundamental changes in the management system open up new opportunities for the development of digital trade along the Belt and Road. The Digital Silk Road received a new mission and task, attracted active attention and broad participation of the countries located along the Belt and Road. In the process of developing digital trade along the Belt and Road, certain dilemmas must be overcome during the construction of the Digital Silk Road. These include problems such as the imbalance in the value of the global digital order, the deregulation of international rules of digital governance and large differences in the regional development of the Belt and Road. Guiding and promoting the construction of digital trade along the Belt and Road in compliance with the rule of law principle, as well as promoting the development of digital rule of law in various countries through the Belt and Road digital trade is of great importance for promoting the qualitative development of digital trade along the «Belts and Paths». Specific ways include: creating a rule of law framework for a «Digital Community of One Destiny», establishing rule of law rules for global digital governance and promoting mutual trust in the rule of law in multilateral cooperation, etc.","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"64 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138951630","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}

引用次数: 0

Positive Clause on Public Order is the Basis for the Protection of Constitutionally Significant Values of the State 公共秩序积极条款是保护国家宪法重要价值的基础

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-12-21 DOI: 10.17803/2311-5998.2023.109.9.128-137

A. Shulakov

{"title":"Positive Clause on Public Order is the Basis for the Protection of Constitutionally Significant Values of the State","authors":"A. Shulakov","doi":"10.17803/2311-5998.2023.109.9.128-137","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.109.9.128-137","url":null,"abstract":"The article notes that the purpose and mechanism of protection of public order in private international law can be understood only at the origins of the rationale for this protection, — in the doctrine of F. K. Savigny. The reasons for the formulation of F. K. Savigny only two exceptions to the displacement of foreign laws by local law, and the characteristics of fixing these rules in Art. 30 of the Introductory Law to the GGU. Analyzed are attempts to misinterpret the doctrine of F. K. Savigny after the adoption of the Rome Convention “On the law applicable to contractual obligations” (1980) and the Decision of the EU Court (2016), which gave a final assessment of these attempts. The influence of the Dutch school on modern international private law in Russia is noted. The consolidation of super-imperative norms in the legislation of Russia and the Netherlands is investigated. It has been established that the first group of norms of direct application of Art. 1992 of the Civil Code of the Russian Federation, the super-imperative nature of which in private cross-border legal relations is directly indicated by the legislator, has, in accordance with the theory of private international law, not a material, but a conflict character. The definition of super-imperative norms of the legislation of the Russian Federation, which ensure the protection of the constitutionally significant values of the state, is given.","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"69 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138950691","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}

引用次数: 0

Institutional system of execution of cross-border leasing agreements; legal assessment of bareboat charter conditions 执行跨境租赁协议的制度体系；光船租赁条件的法律评估

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-12-21 DOI: 10.17803/2311-5998.2023.109.9.155-164

N. G. Skachkov

引用次数: 0

Foreign investments in the Russian Federation during the period of sanctions: restrictions imposed and their correlation with the rights of foreign investors 制裁期间在俄罗斯联邦的外国投资：实施的限制及其与外国投资者权利的相关性

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-12-18 DOI: 10.17803/2311-5998.2023.109.9.066-075

N. N. Viktorova

{"title":"Foreign investments in the Russian Federation during the period of sanctions: restrictions imposed and their correlation with the rights of foreign investors","authors":"N. N. Viktorova","doi":"10.17803/2311-5998.2023.109.9.066-075","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.109.9.066-075","url":null,"abstract":"The article analyzes the problem of the correlation between the restrictive measures introduced by Russia against foreign investors, as a response to sanctions from unfriendly foreign states, and the guarantees for foreign investors, provided for by treaties for the promotion and reciprocal protection of investments. After that many foreign investors stopped or suspended their activities in Russia. To protect the national interests of Russia and ensure the stability of its economy, restrictive measures have been introduced against foreign investors: a ban to transfer assets from Russia abroad, a special procedure to carry out transactions with foreign persons from unfriendly states. A bill on external administration has been passed. According to foreign experts, such measures can be understood as violation of international investment treaties, and may affect companies, whose investments in Russia can be expropriated without compensation, the investors may get protection under these treaties. Russia introduced the above restrictions in response to the sanctions of unfriendly countries against our country and the departure of foreign investors, in order to maintain stability in the economic sphere, in order to ensure the security of the state. The author concludes that such restrictions based on the doctrine of reasonable state regulation are legitimate, since the state is forced to protect the national economy.","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"35 S145","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138965193","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}

引用次数: 0

Parallel Import and Implementation of the Principle of Exhaustion of Exclusive Rights in the Context of Contractual Relations of Economic Entities 经济实体合同关系中专有权穷竭原则的平行引入与实施

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-12-18 DOI: 10.17803/2311-5998.2023.109.9.052-065

B. Shakhnazarov

{"title":"Parallel Import and Implementation of the Principle of Exhaustion of Exclusive Rights in the Context of Contractual Relations of Economic Entities","authors":"B. Shakhnazarov","doi":"10.17803/2311-5998.2023.109.9.052-065","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.109.9.052-065","url":null,"abstract":"The article deals with the problem of the influence of contractual relations on the issue of exhaustion of exclusive rights and the organization of parallel imports in general. The fact and form of the consent of the right holder to use the intellectual property object as part of a specific product, batch of goods, as well as determining the fact of the completed use of intellectual property rights during the primary sale of goods are of particular importance for understanding the nature of the exhaustion of rights and resolving disputes in the field of parallel imports. The solution of the problems under consideration is complicated by the territorial principle of protection of intellectual property rights. The author substantiates that contractual structures and specific provisions of contracts with right holders, as well as various related contractual structures, including sublicensing agreements, franchising agreements, can play the role of legal means that ensure parallel imports. The conclusion is drawn that the possibility of expressing the consent of the copyright holder to the use of other objects of intellectual property, including a trademark, objects of patent rights, through a unilateral expression of will (statement of the copyright holder) should be provided for by law in the Civil Code of the Russian Federation. The necessary balance between the intangible nature of intellectual property and the material nature of the object of property rights in which it is expressed, in the context of the initiative granting by the right holder of the right to use the object of intellectual property in a particular product, can be achieved through perception at the regulatory and law enforcement level. the concept of an implied license as a way of granting the right to use an object of intellectual property","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"73 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138965365","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}

引用次数: 0