The article discusses approaches to objective arbitrability of antitrust disputes in the European Union, other foreign states and the Republic of Belarus. Particular attention is paid to the landmark cases Mitsubishi v. Soler Chrysler-Plymouth, Eco Swiss China Time Ltd v Benetton International NV, CDC v. Akzo Nobel. Based on the results of the analysis made, the authors conclude that, in the absence of a direct prohibition on the consideration of antitrust disputes in the Belarusian legislation by arbitration and lack of law enforcement practice in this area, arising of such disputes and inclusion of arbitration clauses on their settlement in contracts largely depend on the level of the development of the market as well as on the position of arbitration courts. They do not exclude the possibility of revising the national legislation on arbitration so that it included direct provisions on arbitrability of antitrust disputes as it is made in Lithuania and Sweden, at the same time admitting that for a positive attitude to arbitrability of antitrust disputes in the Republic of Belarus the appearance of relevant jurisprudence in this sphere will be enough.
The current stage of the development of the legislation and the society is characterized by high growth of economic activity. The emergence of a large number of entrepreneurs and commercial organizations contributes to a proportional increase of economic disputes. However, each such dispute, and especially its lingering resolution, adversely affects the economic development of the society. In such conditions, society must have mechanisms to resolve conflict situations that would ensure prompt, fair and legal resolution of arising disputes and eliminate violation of rights. The main and one of the most reliable ways to protect the violated civil rights is judicial protection carried out directly by the state. Today there is a problem with a huge number of cases coming to the courts, which leads to judges to pass verdicts hastily due to short deadlines to consider numerous applications. In fact, this negatively affects the quality of the decisions made by a judge. Consequently, the outcome is a rather larger number of appeals to superior courts. The answer to these challenges lies in international commercial arbitration courts, which are a definite alternative to state courts. In this work, the International Commercial Arbitration was considered from the point of view of its reformation. This process was especially evident in three countries - the Russian Federation, the Republic of Kazakhstan, the Republic of Latvia. The main difficulties in the reforming process were identified, and certain problems were founded. This work studied the historical aspects of the development of International Commercial Courts as well as process of its reformation. In chapter 1, the main problems of reforming processes of arbitration courts were identified. I the second chapter was reviewed process of reforming. In the final chapter, results of reforming process were reviewed, and the meaning of unification legislation in the field of arbitration was identified.
The current stage of the development of the legislation and the society is characterized by high growth of economic activity. The emergence of a large number of entrepreneurs and commercial organizations contributes to a proportional increase of economic disputes. However, each such dispute, and especially its lingering resolution, adversely affects the economic development of the society. In such conditions, society must have mechanisms to resolve conflict situations that would ensure prompt, fair and legal resolution of arising disputes and eliminate violation of rights. The main and one of the most reliable ways to protect the violated civil rights is judicial protection carried out directly by the state. Today there is a problem with a huge number of cases coming to the courts, which leads to judges to pass verdicts hastily due to short deadlines to consider numerous applications. In fact, this negatively affects the quality of the decisions made by a judge. Consequently, the outcome is a rather larger number of appeals to superior courts. The answer to these challenges lies in international commercial arbitration courts, which are a definite alternative to state courts. In this work, the International Commercial Arbitration was considered from the point of view of its reformation. This process was especially evident in three countries - the Russian Federation, the Republic of Kazakhstan, the Republic of Latvia. The main difficulties in the reforming process were identified, and certain problems were founded. This work studied the historical aspects of the development of International Commercial Courts as well as process of its reformation. In chapter 1, the main problems of reforming processes of arbitration courts were identified. I the second chapter was reviewed process of reforming. In the final chapter, results of reforming process were reviewed, and the meaning of unification legislation in the field of arbitration was identified.
On the basis of existing legislation and the modern judicial and expert practice are considered the basic questions of destination expertise in civil and arbitration proceedings. Analysis allows us to identify the most problematic aspects of destination expertise in the resolution of civil and commercial cases and offer certain tactical recommendations. ; На базе действующего законодательства и с учетом результатов обобщения судебной и экспертной практики рассматриваются основные вопросы назначения экспертизы в гражданском и арбитражном судопроизводстве. Проведенный анализ позволил выявить ряд проблем, возникающих при назначении экспертизы в ходе рассмотрения гражданских и арбитражных дел, и предложить рекомендации по их разрешению.
УДК 342.6The subject. Competence of government bodies and their officials in the sphere of application of the tax law is considered in the article.The purpose of research is to determine the ratio of tax enforcement and application of the tax law, as well as the relationship between the concepts "party of tax enforcement" and "participant of tax legal relations".Main results and scope of their application. The circle of participants of tax legal relations is broader than the circle of parties of tax law enforcement. The participants of tax legal relations are simultaneously the subjects of tax law, because they realize their tax status when enter into the tax relationships. The tax and customs authorities are the undoubted parties of the tax law enforcement.Although the financial authorities at all levels of government are not mentioned by article 9 of the Tax Code of the Russian Federation as participants of tax relations, they are parties of tax enforcement, because they make the agreement for deferment or installment payment of regional and local taxes.Scope of application. Clarification of participants of tax legal relations and determination of their mutual responsibility is essential to effective law enforcement.Conclusion. It was concluded that the scope tax law enforcement is tax proceedings, not administrative proceedings, civil (arbitration) proceedings or enforcement proceedings.The application of the tax law is carried out not only in the form of tax relations, but also in relations of other branches of law. ; УДК 342.6Рассматривается компетенция властных органов и их должностных лиц в сфере применения норм налогового права. Определяется соотношение налогового правоприменения и применения норм налогового права, а также соотношение понятий «субъект налогового правоприменения» и «участник налоговых правоотношений». Сделан вывод, что сферой налогового правоприменения является налоговый процесс, а не административное или гражданское (арбитражное) судопроизводство и не исполнительное производство.
The subject. The article analyses the practice of the Special Tribunal for Lebanon and its Judgement of 18 August 2020, rendered against those found guilty of a terrorist act and the impact on the progressive development of international criminal law.The purpose. This article seeks to define what goal the international community pursued in establishing the Special Tribunal for Lebanon from the perspective of international security law, international criminal justice, and counter-terrorism cooperation. The legal nature of the terrorist attack of 14 October 2005 is essential in this regard: is the crime is comparable in its gravity and consequences to the crimes of genocide or war crimes in the territory of the former Yugoslavia or Rwanda, which predetermined the subsequent establishment of ad hoc international criminal tribunals? Further, was the establishment of the Special Tribunal for Lebanon an attempt to make the crimes of terrorism an international crime in practice? Finally, was the establishment of the Tribunal an attempt to lay the groundwork for a new type of international judicial bodies with jurisdiction over crimes of terrorism? The methodology. The authors use such general theoretical and specific scientific methods as comparative analysis, generalization, interpretation and classification as well as systemic analysis and formal logical methods.The main results. The legal qualification and analysis of the circumstances of the terrorist attack do not enable the conclusion that the bomb explosion in Beirut was comparable in danger and consequences to any international crimes or was a threat to international peace and security. In its turn, the involvement of the Security Council in the establishment of the Tribunal does not unequivocally evidence its alleged attempt to create a purely international criminal structure.The choice of applicable law granted to Lebanon and the fact that the crime committed solely affected the interests of that State would qualify the Tribunal as an internationalized judicial body, whose work would focus on defining the crime of terrorism through a broader lens of interpreting national legislation. In other words, the impetus for development has been given not to international but national criminal law.The Tribunal was created neither to progressively develop international criminal law with regard to defining terrorism as an international crime nor to advance the international criminal justice system. Rather, it was an attempt to address Lebanon's specific political and legal challenges.Conclusions. The outcome of the Tribunal's work could have a rather negative impact on the development of international criminal law, discrediting the very idea of enabling "peace through justice" and uniform, consistent application and interpretation of international criminal law. ; Анализируются причины создания Специального трибунала по Ливану, существо преступлений, подпадающих под его юрисдикцию, политические аспекты работы. Приводится подробный анализ Приговора Трибунала 2020 г. и всей его деятельности с позиций влияния на развитие международного уголовного права. Отмечается неоднозначность правовых методик и оценок, положенных в основу Приговора; делается вывод о его потенциально отрицательном эффекте для развития международного уголовного права.
The article is devoted to the problems of the ideological impact of the law on social processes. The law should have an educational impact on society, this should be a priority for the development of legislation.
The object of the master's study are international legal relations in the field of protection of foreign investment, when the subject of the study is the international legal mechanism for the protection of the rights of a foreign investor in Ukraine. The main purpose of the master's study is to analyze the general characteristics of foreign investments, foreign investors and the issues of their protection; designation of international mechanisms for the protection of foreign investors and investments in Ukraine; studies of international investment agreements on the protection of foreign investors and investments; the study of international commercial arbitration, in particular the activities of such arbitration in Ukraine; formulation of their development trends. These goals will be achieved when performing the following tasks: - research on the concepts of foreign investment and foreign investor, determining its status; - analyzing international legal agreements in the field of protection of foreign investments and foreign investors; - definition of international commercial arbitration and its types. Characteristics of international commercial arbitration in Ukraine; - designation of trends and prospects for the development of mechanisms for the protection of foreign investments. When using the logical method of analysis, the method of system analysis, the method of synthesis and the method of interpretation of law, the following conclusions were made. The main characteristic of the modern world is the strengthening of the integrity of the world economy, which is due to the increasing number of economic ties between countries, creating better conditions for the lives of citizens and peoples. This creates a positive environment for attracting foreign investment into the country, and the development of investment relations, in principle. Today, the issue of attracting foreign investment in Ukraine's economy remains relevant, respectively, the issue of protecting the rights of a foreign investor as such is posting. The relevance of these issues is indicated by the presence of a significant number of agreements that govern them. As well as institutions that are the main mechanisms for the protection of the rights and interests of foreign investors, both at the national and international levels. Master's work can be useful to students, lawyers interested in international investment legislation and national legislation of Ukraine, experts in the field of protection of foreign investment.
The object of the master's study are international legal relations in the field of protection of foreign investment, when the subject of the study is the international legal mechanism for the protection of the rights of a foreign investor in Ukraine. The main purpose of the master's study is to analyze the general characteristics of foreign investments, foreign investors and the issues of their protection; designation of international mechanisms for the protection of foreign investors and investments in Ukraine; studies of international investment agreements on the protection of foreign investors and investments; the study of international commercial arbitration, in particular the activities of such arbitration in Ukraine; formulation of their development trends. These goals will be achieved when performing the following tasks: - research on the concepts of foreign investment and foreign investor, determining its status; - analyzing international legal agreements in the field of protection of foreign investments and foreign investors; - definition of international commercial arbitration and its types. Characteristics of international commercial arbitration in Ukraine; - designation of trends and prospects for the development of mechanisms for the protection of foreign investments. When using the logical method of analysis, the method of system analysis, the method of synthesis and the method of interpretation of law, the following conclusions were made. The main characteristic of the modern world is the strengthening of the integrity of the world economy, which is due to the increasing number of economic ties between countries, creating better conditions for the lives of citizens and peoples. This creates a positive environment for attracting foreign investment into the country, and the development of investment relations, in principle. Today, the issue of attracting foreign investment in Ukraine's economy remains relevant, respectively, the issue of protecting the rights of a foreign investor as such is posting. The relevance of these issues is indicated by the presence of a significant number of agreements that govern them. As well as institutions that are the main mechanisms for the protection of the rights and interests of foreign investors, both at the national and international levels. Master's work can be useful to students, lawyers interested in international investment legislation and national legislation of Ukraine, experts in the field of protection of foreign investment.
