Russian Law №2 - 2015

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• From the Editor-in-Chief С. 5

СONSTITUTIONAL LAW AND JUSTICE

• Prospects of Legal Development and Constitution С. 6-16

  Sergey F. Udartsev Doctor of Law, Professor, Director of the Research Institute of Legal Policy and Constitutional Legislation under Kazakh University of Humanities and Law, Astana, Republic of Kazakhstan

  The article considers current tendencies of the constitutional development and global ways of legal evolution. By means of comparative legal analysis and theoretical generalization of law evolution, an attempt to map out some prospects of legal development was made. The signifi cant role of constitutional acts as a foundation and fundamentals of system-generating legal and political instruments for organizing a national system, its development and interaction with international law and international institutions is emphasized. It is accentuated that in spite of occasional crises, disputes and new confl icts, the uniting processes in law are objective. A new level of legal development is being formed–metalaw as a complex planetary system of law and law of space civilization being born on planet Earth. Constitutional acts of diff erent levels acting as adapters of legal systems of diff erent levels and basic elements of some segments in a hierarchical complex legal system of humanity are expected to play an essential role.

  Key words: law, constitution, development, evolution, civilization, national law, international law, metalaw, forming of extraterrestrial civilization, planetary law

• Recognition of State and Government by the Czech Republic С. 17-20

  Zdeněk Koudelka Associate Professor (Docent), Department of Constitutional Law and Political Science, Faculty of Law, Masaryk University, Brno, Czech Republic

  The articles deals with the principles governing recognition of foreign states by the Czech government. The author describes specifi c cases of states recognized by the Czech Republic – those of Palestine and South Sudan.

  Key words: Recognition of a state de jure and de facto, to represent the state externally, state bodies, recognition of the state of Palestine, irrevocable recognition, to establish diplomatic relations.

TAX LAW

• Taxation of Multinational Enterprises: OECD Recommendations and Russian Approach С. 21-30

  Georgy I. Sarkisyan Candidate of Law, Entrepreneurial Law Department, Law Faculty, Moscow Lomonosov State University, Moscow, Russia

  Multinational enterprises do tax planning, relying on generally accepted concepts enshrined in tax conventions and clarifi ed by recommendations of the Organization for Economic Co-operation and Development. However, Russian authorities tend to develop their own, diff erent and more fl exible regulatory techniques that provide enhanced tax collection from international businesses. Th is article examines the current state of aff airs in the fi eld, identifying general trends in Russian taxation policies.

  Key words: taxation; tax planning; multinational enterprises; double taxation treaties (DTT); Organization for Economic Co-operation and Development; OECD Model Tax Convention on Income and on Capital; OECD Commentaries on the Articles of the Model Tax Convention; OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations.

ECONOMY AND LAW

• Innovative Vector of the Russian Economy: Behavioural Preparedness of the Population С. 31-46

  The article examines the attitude of various population groups and segments (employees, business people, government representatives of various levels) to the perspectives of the RF innovative development and the formation of knowledge economy. On the basis of research results and social polls, the author makes a conclusion that the main “retaining” factor of the innovation development and formation of knowledge economy is a reducing quality of managing development at all the levels, the “conservatism” of a signifi cant part of the Russian business elite, and indiff erence and “detachment” from the innovative processes shown by most Russians.

  Key words: innovations, innovative development, innovative system, innovative environment, innovative behavior, innovative leadership, smart economy, knowledge economy.

• The System and Subject of Contracts for Power Supply through Connected Network С. 47-59

  Alexander M. Shafir Candidate of Law, arbitrator of the International Commercial Arbitration Court under the Chamber of Commerce and Industry of the Russian Federation, Moscow, Russia

  The author indicates that a specific feature of the contracts for supply of electric, heat power and gas through connected network (which he calls the contracts built under the power supply model) is that they formalize the underlying specific economic relations the basic feature of which is their extension to the resources consumption sphere. Th is circumstance is the main factor of singling out the obligations related to supply through connected network into a separate contractual type in the system of civil law obligations. For the first time in the legal literature, the author substantiates the inclusion of supply through connected network of not only electric, heat power and gas, but also of oil, petroleum products and cold water as a separate contractual type into such obligations. The author gives an unconventional interpretation of the concept of power capacity as the subject-matter (object) of the power supply contracts and introduces a new concept – the capacity of technical equipment as the subject-matter of the contracts for supply of resources through connected network built under the energy supply contract.

  Key words: contracts for power supply through connected network, contracts built under the model of power supply contract, subject-matter of the contracts for supply through connected network, legal, ideological and material objects of the contracts for supply through connected network, economic relations in the sphere of resources supply through connected network, obligations to supply through connected network as a separate contractual type, power capacity as a subject-matter of power supply contract, capacity of technical equipment as a subject-matter of the contracts for resources supply through connected network.

INSOLVENCY LAW

• Legal Forms and Method in Coordinating Activities of Parties to the Insolvency (Bankruptcy) Procedure С. 60-66

  Svetlana A. Karelina, Doctor of Law, Professor, Entrepreneurial Law Department, Law Faculty, Lomonosov Moscow State University, Moscow, Russia

  Th is article analyzes the concept, forms and specifi c features of coordinating activities of parties to the insolvency (bankruptcy) procedure. The author explores various methods of coordinating the activities of parties concerned within the framework of state regulation, identifying factors that pre-determine the diversity of coordination methods in the state regulation. The author identify es the content of interrelationships among forms of coordination within the state regulation and self-regulation, discloses the mechanism of their interaction, noting that the mechanism is primarily based on a combination of private law and public law devices for regulating relevant relationships.

  Key words: insolvency (bankruptcy), legal forms, legal methods, coordination of activity, insolvency (bankruptcy) procedure, state regulation and self-regulation

COMMERCIAL ARBITRATION

• Understanding Origins and Roots of the “Russian Arbitration” С. 67-81

  Natalya G. Doronina Professor, Doctor of Law, Deputy Head of the Centre of Studies in Law and Economics, the Institute of Legislation and Comparative Law, Head of COMEDIARS, Moscow, Russia
  
  Natalia G. Semilyutina Doctor of Law, Head of the Centre for the Comparative Law Research, the Institute of Legislation and Comparative Law, Moscow, Russia

  The article is devoted to the history of Russian arbitration. The authors emphasize specifi c diff erences between commercial arbitration and Russian state arbitrazh courts. A special focus is made on the arbitrability of foreign arbitral awards in Russia.

  Key words: commercial arbitration, arbitrazh courts, arbitrability, enforcing foreign arbitral awards, the Russian court reform, dispute resolution, commercial (economic) courts, settlement of disputes.

• An Overview of the ICSID Practice on Resolving Investment Disputes Involving Post-Soviet States С. 82-90

  Aleksandr P. Alekseenko Senior Lecturer, Private Law Department, Vladivostok State University of Economics and Service, Vladivostok, Russia

  The article examines awards of the International Centre for Settlement of Investment Disputes in the case of post-Soviet states. It also demonstrates post-Soviet states’ statistics of participation as a respondent in litigations under the ICSID. The author highlights actions of the states that were considered by the Tribunal as a creeping expropriation.

  Key words: foreign investments, international arbitration, international Centre for Settlement of Investment Disputes, ICSID, expropriation.

COMPARATIVE LAW

• Transdisciplinary Ways for a Global Juridical Conscience (Part II) С. 91-108

  Gustavo Lauro Korte Jr Doctor of Law, Professor, President of the Center for Interdisciplinary Research, Sao Paulo, Brazil

  The article focuses on values and an innate notion of order, religions, theories, doctrines and levels of thinking, reality and levels of existence. The author also describes generic transdisciplinary procedures, provides an insight into empiric and pragmatic approaches against crimes, corruption and social ruptures.

  Key words: order, juridical knowledge, levels of thinking, generic transdisciplinary procedures, methods to knowledge, fragmentary and holistic knowledge, verbal languages, global integration

LEGAL EDUCATION

• Postgraduate Legal Education Reform in Spain and its Impact on the Internationalization of the Spanish Law Student С. 109-121

  Adam David Dubin1 Assistant Professor of Law, Director of the LL.M. Program in International and European Business Law, Universidad Pontifi cia Comillas; Adjunct Professor in the Politics Department, New York University’s Madrid Campus, Spain
  
  Bruno Martin Baumeister2 Associate Professor of Law, Chair of the E-1 Law Degree at Universidad Pontifi cia Comillas, Spain

  In 2006, the Government of Spain passed legislation (Legislation 34/2006) requiring all Spanish law students to undertake a nearly two year Masters and pass a Bar exam in order to be able to practice law. Prior to this reform, law students only had to graduate with an LL.B. in order to practice. While most would agree that greater regulation of the legal industry was a necessary step, there has been minimal discussion about the impact this reform has had and will have on the ability of Spanish law students to undertake professional and educational opportunities outside of Spain. Th is article, using empirical data developed through surveys of postgraduate law students, argues that this reform may have a detrimental impact not only on students who wish to pursue opportunities outside of Spain but also on Spanish law fi rms, which have made signifi cant gains in the international legal market over the past two decades, in part, through the internationalization of its lawyers.

  Key words: Spain, Postgraduate Legal Education, Masters in Lawyering, Master Universitario en Acceso a la Abogacia, Internationalization, Mandatory Masters, Spanish Legal Education

PAGES OF HISTORY

• Stalin, Truman and Churchill in Cold War Times С. 122-131

  Vladimir S. Belykh Director of Euro-Asian Scientifi c and Research Centre for Comparative and International Entrepreneurial Law, Honoured Worker of Science of the RF, Doctor of Law, Professor, Head of the Entrepreneurial Law Department, Ural State Law University, Yekaterinburg, Russia

REVIEW

• W. Butler

  B. M. Ashavskii. Contemporary International Law: Th eory and Practice [Sovremennoe mezhdunarodnoe pravo: teoriia i praktika]. С. 132