ARCHIVE FOR 2017 RUSSIAN
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Январь 2017
CONTENT
FREE TRIBUNE
Olga Mikhaleva The Right to Information in Groups of Companies: German Experience Since the relations within a group of companies are often complex, the right to information provides the
necessary tool to supervise the activities of the entities involved and also an opportunity to influence
their decision-making processes if the relevant activities may significantly affect the whole structure.
The right to information should be granted to shareholders, members of the executive and supervisory
boards and ensure informational flow within the whole structure in order to protect the interests of
all parties involved. At the same time the right to information is subject to restrictions since it can
be abused. The author describes the legal situation in Germany referring also to different types
of relations within the group of companies according to German law.
Keywords:
right to information in corporations, shareholders’ rights, shareholders' meeting
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Vitaliy Kalyatin Storing the Product in Digital Form as a Method of Its Use In its recent decision the RF Supreme Court came to conclusion that storage of a work in electronic
memory is a separate way of using the work. The article discusses whether this conclusion is wellgrounded.
Storage in copyright law performs different functions. In particular, it may be a form of
existence of the work or may be an element of the use of the work in a broader sense. However, as
a rule, storage has no independent value and provide the means through which the work could be
accessed and used in some other ways. The author argues that storage may not be classified as a
separate way of use of a work and that reference of the Supreme Court to international agreements
is not quite correct.
Keywords:
intellectual property, copyright, storage, reproduction, software
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Кirill Novikov Extension of Pledge on the Substitute Assets: on One Rule of Article 345 of the Civil Code of Russia The article explores the rule on the extension of pledge to the things derived from the pledged
property (substitute assets). This rule was added to the Civil Code of Russia in the end of 2013.
The construction of the rule proposed in the article is based on the classic theory of the modes of
acquisition of ownership in the cases when one thing is derived from another (so called ‘connection
of things’). The theory is considered in the light of the modern court practice. The article argues that
the rule on the transfer of pledge should only be applied to material objects. The pledge extends to
the things to which pledgor acquires ownership according to the rules of confusion, adjunction or
processing of the original asset. The new rule is instrumental, as otherwise the pledge would have
been terminated due to the destruction of the original asset. The problem is that many conclusions
could currently be made through analogy or complicated construction process. It is therefore
desirable to amend civil legislation by adding clear rules on the connection of things.
Keywords:
right of ownership, modes of acquisition of the right of ownership, connection of things, pledge, extension of pledge
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Аnna Slonevskaya Institute of the Subsidiary Liability of Persons Supervising the Bankrupt Debtor The article considers different problems of the subsidiary liability of persons who are responsible
for bringing company to bankruptcy. In particular, it considers who could bring the claim to recover
losses suffered by the company. Some grounds for such liability has recently been amended. These
new rules are also discussed in the article. One of the problems is the extent of the subsidiary liability
with regard to unpaid taxes. This question is also analysed and it is suggested that the defendants in
such actions should be liable for the full sum of the unpaid taxes. The final part of the article covers
some problems relating to the limitation period for such actions. The primary amendment in this
sphere is the extension of the limitation period.
Keywords:
insolvency (bankruptcy), subsidiary liability, controlling person, limitation period
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Stanislav Egorkin Phenomenon of Pretrial Prejudice in Civil Disputes This article considers the problems of pretrial prejudice in the context of the influence that media
can have on judges. The author describes the types of pretrial prejudice and gives an overview
of the American case law which addresses the problems of finding and overcoming the impact of
this phenomenon on the decision making process. The article concludes that it is not possible to
exclude situations when not only jurors but also judges are prejudiced when they consider criminal
or civil cases. The article also analyses the Russian legislation in order to ascertain whether it has
any guarantees to prevent judges from making prejudiced decisions. The requirement to provide
motives for the decision is one of the crucial guarantees against prejudice. However, modern Russian
legislation waives this duty in some cases. This increases the risk of making prejudiced decisions.
Keywords:
freedom of speech, right to a fair trial, pretrial prejudice
Paolo Garbarino Real Property and Registration in Italian Law The article describes the basic rules that regulate «transcription» (i.e. special form of registration)
of legal acts by which rights to real property in Italy are transferred or created. Special areas of the
application of the transcription are also considered in the article. These areas include transcription
of common rights of spouses, transcription of atypical acts etc. Other issues covered in the article
include: organisation of the registration system in Italy, the procedure of the transcription, liability of
notaries and the keeper of the register.
Keywords:
Italian law, Civil Code of Italy, real property, registration of rights to real property, transcription of legal acts, property law, transaction, notary
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