Журнал ЗАКОН

The action plan Promoting Competition and Improving Anti-trust Policy, which was recently approved by the Government of the Russian Federation, proposes establishing a legal mechanism enabling to collect multiple damages from those who violate the anti-trust law for the benefit of victims. According to the author, the described mechanism is contrary to the general principles of the Russian law as it represents public responsibility to individuals and, therefore, shall be reviewed.

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Keywords: multiple damages, punitive damages, punitive penalty, and compensation

This article deals with the fundamental principles of interpretation of civil law contracts: interpretation of a contract in exceptional case of its ambiguity, integrated interpretation of a contract, interpretation in favor of the reality, conclusion and enforceability of a contract, interpretation in favor of a smaller volume of obligations.

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Keywords: interpretation of a contract, integrity of interpretation, null and void contract

This article contemplates the problems related to presence of interconnected cases in legal proceedings. The author asserts that the facts of case interconnection should be included in the facts in issue, established on the initiative of the court, whereas concealment of such facts by parties to a case should entail adverse procedural consequences.

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Keywords: interconnected cases, facts in issue, procedural facts, and suspension of proceedings

This article analyzes the objective element of the administrative offense stipulated in Part 1 of Article 8.21 of the Code of Administrative Offences of the Russian Federation, namely emission of harmful substances without any special permit. The authors draw the readers’ attention to the lack of uniformity in jurisprudence of courts of general jurisdiction and arbitration courts.

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Keywords: administrative responsibility, protection of the environment, and formal structure of the offense

Although monism and dualism represent the central concepts of the public international law, these two principles are rarely, if not to say never, studied in the context of the international commercial arbitration. This omission is most probably due to the long-standing assumption that the international commercial arbitration referrers predominantly, if not exclusively, to the field of private international law. However, the international commercial arbitration is strongly dependent on the effective and uniform application of the New York Convention and other international treaties, and, therefore, should be regarded as an institution of public international law. The article reviews the principles of monism and dualism in the international commercial arbitration and identifies the ways how it can solve some theoretical and practical problems associated with improper or ineffective intervention of international law in domestic affairs.

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Keywords: international commercial arbitration, the New York Convention, public international law, private international law, interpretation of international treaties, the Vienna Convention, and UNCITRAL