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Май 2022




Mikhail Galperin ‘Cobra’ Threatens Court Fines
Case Comment to the Judgment of the Chamber for Commercial Disputes of the SC RF No. 304-ЭС21-20371, 12 November 2021 This seemingly typical court case demonstrates the legal nature of civil procedural responsibility in a specific legal situation. It is submitted that the main object of violations in the field of enforcement is not respect for the court, but satisfaction of the creditor’s interests, forced implementation of his subjective substantive right against the debtor. Consequently, the judicial fine in art. 332 of the Russian Arbitrazh Procedure Code and law enforcement actions have the same objective which determines the peculiarities of its application in comparison with the measures of public-law responsibility.
Keywords: contempt of court, execution of judgment, procedural responsibility, court fine
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Stanislav Smirnov Posthumous Situation in the Contract of Agency
Case Comment on the Judgment of the Chamber for Civil Cases of the RF SC No. 18-КГ20-107-К4, 2 February 2021 The article is devoted to the problem of execution of the contract of agency in the situation of death of the principal or representative. The decision of the Supreme Court demonstrates a positive trend in case law: the obligation is not considered as disappeared, and property rights and obligations are transferred to the heirs. As shown in the article, initially the approach of courts was different and denied hereditary succession in the obligation from the contract of agency.
Keywords: obligation, contract of agency, representation, inheritance
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Sergey Budylin The Case of the Ingenious Machine, or Are the Intellectual Results of Artificial Intelligence Protected?
Commentary to the Judgment of the Court of Appeal in England and Wales in Thaler v. Comptroller General of Patents Trade Marks and Designs [2021] EWCA Civ. 1374 (21 September 2021) In this unusual case, which reached the Court of Appeal of England and Wales, the courts were considering a patent application for an invention made by artificial intelligence. The question was whether the machine could be considered an inventor in the light of existing patent law. The courts eventually concluded that it could not, and therefore refused to consider the merits of the application. However, the UK government is currently investigating what kind of regulation for inventions made by artificial intelligence would be optimal in an economic sense. So, perhaps the legal situation for such inventions in the UK will soon change.
Keywords: patent, invention, artificial intelligence, England, Australia
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Anna Alekseeva, Evgeniya Borzilo, Vladimir Korneev, Kirill Pisenko, Alexander Razgildeev, Vladimir Safonov Updating the Concept of Antitrust Regulation (Part 1)
Scientific and Practical Commentary to the Ruling of the Plenum of the Supreme Court of the Russian Federation No. 2 ‘On Certain Issues Arising in Connection with the Application of the Antimonopoly Law’, 4 March 2021 The article covers legal positions expressed in the Ruling of the Plenum of the Supreme Court of the Russian Federation ‘On Certain Issues Arising in Connection with the Application of the Antimonopoly Law’. Authors comment on the legal matters in question taking into account their economical, social and historical background. For the first time for more than ten years the Supreme Court for formulated basic principles and rules that should be used in course of the application of the antimonopoly legislation. The review contains detailed analysis of basic matters of qualification of the antimonopoly legislation, its scope, its private basis, approaches to the definition of the dominant position and its abuse, group, due process and application of the antimonopoly rules with and without involvement of the antitrust authorities. Authors are members of the working group that participated in elaboration of the draft of the Decree.
Keywords: competition, antimonopoly legislation, entrepreneurship, group, dominant position, quantitive and qualitative criteria
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Nikita Arapov, Vladislav Savinykh On Guarantees of the Legitimate Interests of Private Persons under Polysemy of Law
The essay is made in response to a problem known for a very long time: ‘The laws that control people’s lives must be understood and publicly known to them so that they can avoid what is prohibited and comply with what is permitted. And if something in these laws turns out to be unclear, it must be explained by the interpretation of the Emperor’ (Code of Justinian, book I, tit. 14, item 9). It seems that the addressees of legal norms still often face difficulties in trying to correctly understand their content, in connection with which the presumption of knowledge of the law again forms the subject of academic discussion in an effort to give it a more refined meaning. It seems to be in a hurry to postulate knowledge of the correct understanding of the law for private individuals, all the more to impute such knowledge to them, if at least minimal guarantees have not been created for the opportunity to understand it correctly. According to the authors, the requirements of legal certainty, intriguing lawyers as guarantees of this kind, are hardly reducible in their potential to the unambiguity of the legal text alone. The relativism of the content of law, even in the most solemn (judicial) legal environment, is a characteristic that is not entirely accessible to correction. Understanding the law in judicial and other legal practice, albeit in different quantities, will always be changeable, and sometimes simply contradictory. At the same time, the meaningful ambiguity of the law, favorable to this, should not ipso facto lead to the disqualification of its individual norms and makes, rather, to consider guarantees of the legitimate interests of individuals, which compensate for the uncertainty of regulation. The authors have tried to ponder some types of such guarantees and propose to see their essence in protecting the legitimate expectations of individuals.
Keywords: legal certainty, presumption of knowledge of the law, interpretation of law, legitimate expectation, justice, law force in time
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