Suchergebnisse

The article notes that investments in solar energy have already led to a number of arbitration cases related to the subsequent change in investment incentives. The so-called Solar Cases, initiated by investors under the Energy Charter Treaty (ECT) against Kingdom Spain, Italy and the Czech Republic, focused on the question of whether states could adjust incentives (subsidies and feed-in tariffs) to the detriment of investors after these investors relied on these subsidies to make their investments. Following the results of these arbitration proceedings, the European Union in 2019 decided to revise the text of the ECT. Eight rounds of negotiations were held during 2020 and 2021, the last of which took place in November 2021. Many believe that the reform of the existing treaty has taken too long. In February 2021, France sent a letter to the European Commission on the need for a coordinated EU exit from the ECT. Against this background, Italy's withdrawal from the ECT on January 1, 2016, as well as Russia's withdrawal of the signature on the treaty in 2018, are actions that determine the inevitable collapse of the ECT in the very near future. This article is devoted to the study of the causes and legal consequences of these events. Since Russia's withdrawal from the ECT has already been the subject of study by many Russian and foreign scholars, the author focused their attention on the study of Italian arbitration disputes based on the ECT provisions, as well as on the study of foreign doctrine on this issue.

The article notes that electronic disclosure of evidence ("e-discovery") refers to the disclosure of evidence during the pre-trial stage of court proceedings, such as civil proceedings (litigation) or government investigations, when the requested information is in electronic format. Electronic information is considered different from paper because of its immaterial form, volume, transience and impermanence. Electronic information is usually accompanied by metadata, which is not present in paper documents and which can play an important role as evidence. The main document that allowed the digitalization of US civil proceedings was the amendments of 2006 and 2015 to the Federal Rules of Civil Procedure governing the conduct of Court proceedings in US federal Courts. It is emphasized that one of the most hotly contested aspects of electronic disclosure of evidence has become the problem of electronic data security. The destruction of emails and other electronic data is as egregious and punishable by the court as the destruction of other documentary evidence related to a civil lawsuit. The decision in the case "Zubulake v. UBS Warburg" 2005 established important practices regarding "e-discovery". In addition, this decision showed that various specialists can be involved in the project of electronic disclosure of evidence: lawyers of the parties, forensic experts, IT managers and office managers. In this regard, the comparative analysis of the above issues is of particular importance.

The article presents the author's view of the current situation with the regulation of ESG-banking in Russia and the European Union. According to the author, the ESG-banking business model is the conduct of banking business in accordance with the sustainable development standards enshrined in the UN. At the national level, ESG-banking must comply with taxonomy parameters. Taxonomy provides for the identification and classification of phenomena and processes to assess the results of ESG-banking. The author came to the following conclusions: 1) there is currently no established international practice in regulating ESG issues: the problem is not a lack of existing standards or frameworks, but the absence of a universal standard; 2) in 2020, documents regulating ESG-banking were published in Russia and the European Union: in the Russian Federation - Recommendations for the implementation of the principles of responsible investment dated 15.07.2020 and Regulation on securities issue standards No. 706-P of the Bank of Russia; as well as Methodological recommendations on "green financing" from 13.07.2020 "VEB.RF"; in the European Union - the EU Taxonomy Regulation dated 18.06.2020, as well as the ECB's Climate and Environmental Risk Guidelines dated 27.11.2020; 3) the adoption of the Federal Law "On Environmental Audit and Environmental Auditing", developed by the Ministry of Natural Resources and Environment of the Russian Federation, would contribute to the improvement of the implementation of "green" projects in Russia.