ARCHIVE FOR 2013 RUSSIAN
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Ноябрь 2013
CONTENT
Chief editor’s column
Interview of the issue
The Event. Comments of the Experts
Freedom of contract and disposition limits in civil law One of the instruments most lively discussed by lawyers in November was draft resolution of the plenary session of RF Supreme Arbitration Court “On Freedom of Contract and Its Limits”. We asked the expert to assess positive and negative trends of the resolution, as well as the role it can play for the future judicial practice.
Topic of the issue
Davidyan G.М. Some problems of lawyer’s professional ethics in the Russian Federation The article covers the basic problems hindering development of lawyer’s professional ethics as a fundamental basis of the legal profession in the Russian Federation. It analyzes the problems connected with the lack of uniform standards for various categories of lawyers, uncertainty of the legal effect of special instruments governing legal ethics, teaching professional ethics as an academic discipline at legal universities. The author suggests introducing a single qualifying exam for all graduates of legal universities, as well as improvement of standards for teaching lawyer’s ethics in the curricula of specialized universities.
Keywords:
lawyer’s professional ethics, code of ethics, ethic standards, legal profession
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Shugurov M.V. Some issues of the ethics of judges in the European Court of Human Rights The article analyzes the legal views of the European Court of Human Rights concerning the ethic aspect of the human right to a fair trial. The author dwells upon these views taking into account the COE’s approach to justice in democratic society. Much attention is paid to moral and ethical codes of conduct and activity of ECtHR judges, for which purpose the Resolution on Ethics of 2010 is analyzed. The author focuses on the study of ECtHR views on independence and neutrality, being not only institutional but ethic criteria of fair justice.
Keywords:
European Court of Human Rights, judicial ethics, independence, neutrality, international justice
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Vlasov D.I. Courtesy in international arbitration, or the new “IBA Guidelines on Party Representation in International Arbitration” Due to the increased role of international arbitration as a means of resolving disputes involving the foreign element and its further internationalization, the cases when the interests of parties are represented by lawyers of different legal orders following different codes of professional conduct and ethics are becoming widespread. In this connection it’s interesting to analyze the recently adopted “IBA Guidelines on Party Representation in International Arbitration”, as well as to assess to what extent they differ from the procedure of settling such problems in the Russian law of arbitral procedure.
Keywords:
international arbitration, code of professional conduct, ethic norms, representative, code of conduct, arbitration proceedings
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Mekhanoshina I.А. Ethic standards of notarial activity The article focuses on professional and ethical principles, notarial activity is based on. The author touches upon the history of adoption and potential amendment of Professional Code of Notaries, dwelling on the reasons for today’s claims to notariate on the part of society.
Keywords:
notariate, notary, notarial activity, professional ethics, ethic standards, Professional Code of Notaries
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Discussion Board
Belov V.А. When law speaks… The author explains and develops his views expressed as an expert comment on the topic “Immoral transactions in Russian law” in issue No. 7 of magazine “Zakon” of the current year. Their general meaning is as follows: when law speaks, the rules of morality and other social regulators either support it or subside and don’t interfere. Guided by these considerations, and taking them as a starting point, the author analyzes certain problems of maintaining and application of institutes envisaged by art. 10 and 169 of the EF Civil Code.
Keywords:
law, morals, principles of public order and morality, abuse of right, invalidity of legal transaction
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Theory and practice
Pepelyaev S.G. On the legal nature of the institute of legal costs The article continues scientific discussion of attribution of costs to the category of loss that is directly related to the completeness of the reimbursement to the prevailing party. The author argues against a researcher, defending the opposite view, by proving that procedural costs preserve their legal nature of damages despite a special form of reimbursement.
Keywords:
legal costs, procedural costs, damages, justice availability
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Alexeev V.А. Issues of liability for unauthorized construction The article focuses on the basis of civil liability for unauthorized construction. Special attention is paid to two issues: whether no-fault liability for unauthorized construction is possible, and what the legal status of innocent purchasers of such property is.
Keywords:
buildings erected without proper legal authorization, developer, real estate, civil liability, unauthorized construction
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Foreign experience
Zhidi А. Code of class proceedings: a model for civil law countries. The article is a translated research of the well-known American processualist Antonio Zhidi, who generalized the international experience of class action application to create a model code of class proceedings for civil law countries.
Keywords:
model code, class proceedings, class actions, class action suits.
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