ARCHIVE FOR 2012 RUSSIAN
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Июль 2012
CONTENT
Chief editor’s column
Interview of the issue
The Event. Comments of the Experts
Through hardship to the European justice Recently the Russian mass media published information about tightening the procedure for making complaints to the European Court of Human Rights for the five countries - participants of the Convention for the Protection of Human Rights and Fundamental Freedoms, including Russia: today a complaint for non-compliance with the formal requirements can be rejected by the Secretariat of the Court. Several human rights activists in Russia stated anxiety over possible limited access to the European justice for the Russian citizens. What way will the new order of appeal affect the European justice availability? Will it relieve the Court and shall we expect new administrative barriers within further reforming of the European Court of Human Rights?
Topic of the issue
Kalyatin V.O. About some trends of development of the legislation of internet providers’ liability The author tries to identify trends in issues of internet providers’ liability for use of intellectual activity results by comparing the model laid down in the Digital Millennium Copyright Act with the French and English laws passed in recent years. By means of the results of this analysis there is evaluated effectiveness of the Russian model subject to the proposed amendments to the Civil Code of the Russian Federation.
Keywords:
Internet, provider’s liability, intellectual property protection, Digital Millennium Copyright Act, Digital Economy Act, HADOPI
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Slepov A.V. Personal Internet: problems and issues of personal data processing on the World Wide Web What new demands does the law claim for the operators of personal data in the Global network? What rules shall the subject of personal data get to know before transferring such data to the operator? Shall the current restrictions in the processing and dissemination of personal data be effective on the Internet? The answers to these and other hot questions are in the analysis of the latest legislation of personal data protection which is set in this article.
Keywords:
personal data, operator of personal data, Internet, privacy policy, confidential information, Roskomnadzor
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Judicial practice. Comments
Theory and practice
Sergeev A.P., Tereshchenko T.A. The beginning of running of the limitation of action under the claim of unjust enrichment This article covers the specifics of relationship of unjust enrichment (savings) and its effect on the character of running of the limitation of action, as well as there is examined correlation of reclamations and restitution claims in the context of running of the limitation of action for the purpose of preventing avoidance of law. Answering the question, from what date there shall be calculated the limitation period of reclamations, the authors proceed from the fact that due to the peculiarities of the complex legal constitution of reclamation obligations knowledge of violation of one‘s own rights is not identical to knowledge of violation as a special legal fact, which is the basis of accrual of reclamation obligation.
Keywords:
limitation period, the beginning of running of the period, reclamations, unjust enrichment, restitution claims
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Rozhkova M.A. Requirements for advertising of consumer credits: the European experience and domestic realities The article examines the European experience of regulation of advertising of consumer credits and the Russian practice of application of law about liability for improper advertising in consumer crediting, including the relevant provisions of the regulation project of the Plenum of the Supreme Commercial Court of the Russian Federation “About some issues of practice of application by commercial courts of the Federal law “On Advertising”.
Keywords:
Keywords: banks, consumer crediting, consumer rights protection, the Directive of the EU about credit agreements, unauthentic advertising, unfair advertising, misrepresentation
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Fedorov I.M. Management in the economic partnership The article covers issues related to management in the economic partnership – a legal entity of a new organizational and legal form. The particular attention is paid to the agreement of management of a partnership, as well as to the presence of “other persons” as the key characteristics of the economic partnership. The results of the study raise the question of reasonability of supplement of the legal entities system by the economic partnership.
Keywords:
legal entities, economic partnership, commercial organizations, the partnership participants, an agreement on the partnership management
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Teplov N.V. Leasing in the light of Article 670 of the Civil Code of the Russian Federation The economic essence of leasing is financing. However, due to imperfections of the legal tools set the economic content of relations does not always correspond to their legal registration. In this work there is touched upon the issue of choosing an adequate legal registration of leasing relations, as well as there is made an attempt to explain the current system of allocation of risks between the lessor and the lessee.
Keywords:
leasing, finance lease, allocation of risks, the lessor, the lessee
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Orlova V.V. Controversial issues of application of compensation for violation of the exclusive rights to the trademark According to point 3 of Article 1252 of the Civil Code instead of compensation of damage the rightholders are entitled to demand compensation from the offender for each case of improper use of the result of intellectual activity or means of identification or for the committed violation as a whole. The rightholder who applied for protection of the rights shall be released in this case from proving the size of damage. This article covers the issues of application of compensation when illegal using the trademark and designation confusingly similar to the registered trademark.
Keywords:
exclusive rights, intellectual property protection, trademarks, compensation for illegal use, damage
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Shelkunov A.D. Realization of the neutrality of VAT principle in Russia in light of new explanations of the Organization of economic cooperation and development The neutrality of VAT is its admitted essential characteristic. To guarantee it there is required to establish a legal regime that allows reaching it in practice. However, the Russian order of collecting this tax is in conflict with a number of principles which ensure the neutrality of VAT. It is keenly seen against the background of the new interpretations of the Organization of economic cooperation and development dedicated to the achievement of such neutrality.
Keywords:
value-added tax, the neutrality of VAT, deduction of the incoming VAT, refund of VAT, the burden of payment of VAT, the Organization of economic cooperation and development, discrimination of foreign entrepreneurs
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Milkov M.A. Performance of an obligation to a third party The article covers the issue of features of performance of an obligation to a third party. There are investigated the ground and the volume of performance of an obligation to a third party, the status of a third party as the recipient of performance, the ratio of performance of an obligation to a third party with related civil and legal structures.
Keywords:
performance of an obligation, performance of an obligation to the proper party, third party, proper performance of an obligation, redirecting performance
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Foreign experience
Gritsenko E.V., Babelyuk E.G. The legal status of multi-functional center of providing public and municipal services in Russia and the European experience of organizing the “single window service” The end. The beginning is in the issue of the magazine "Zakon" No. 6, 2012. This article being a continuation of research on the state of administrative procedures legal regulation with participation of the single place of action in the EU, Germany and Russia, there are compared the status, order of organization and activity of the single place of action in the German lands and of the multi-functional centers of providing public and municipal services in Russia and its regions by way of example of St. Petersburg.
Keywords:
administrative procedures, public services, municipal services, “single window service”, principle of “one window”, the European directive about services, single place of action
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