Forming general legal principles. Awakening of the precedent revolution

Formal justice includes the conjunction of legal provisions with actual circumstances and passing judgment on the basis of such conjunction. The today’s reality evidence the need for an economic approach, for employing the economic analysis for dispute settlement. Informal justice means application of other value criteria alongside with judicial norms.

The precedent revolution started in mid-nineties, when legal positions of the Constitutional Court of Russia appeared, and progressed greatly when legal positions of the Board of the HCA of Russia arose. The process was both painful and complicated, but it still indicates the growing significance of the judicial power in the life of the society. Especially in the current situation, which is characterized by an extremely dynamic development of the legislation – numerous amendments to basic laws, quite a few exceptions to general rules, which are sometimes hard to navigate.

The annual scientific conference “Forming general legal principles. Means applied by arbitrators, when certain norms contradict principles. Awakening of the precedent revolution” will be held on May 14 of 2013.

The time of the event: 12:30 – 17:30

Location: Saint Petersburg, Astoria Hotel, Bolshaya Morskaya St., 39

Program of the Conference:

12.30 – 13.00 Registration

PART 1. “Forming of the legislation principles: a view by the Judges of the Constitutional Court of Russia”

13.00 – 13.20 Introductory speech

Alexandra Nesterenko, President, NCP “Association of In-House Lawyers”

Moderated by: Ruslan Ibragimov, Vice President of Corporate and Legal Matters of “Mobile TeleSystems” OJSC, and Sergey Pepeliaev, Managing Partner of Pepeliaev Group.

13.20 – 13.40 “Forming of the legislation principles. Affecting factors. Economic analysis during the execution of justice: trends of development”

Gadis Gadzhiev, Judge of the Constitutional Court of Russia

Q&A

13.50 – 14.10 “May a judge employ other value criteria as well as legal provisions? Should the formal approach in justice keep being used? The need for non-formal justice. Practice and tendencies”

Vladimir Yaroslavtsev, Judge of the Constitutional Court of Russia

Q&A

14.20 – 14.40 Coffee break

PART 2. “Correlation between the principles of arbitration proceedings. Legal positions of courts of arbitration”

14.40 – 15.00 “Correlation between the principle of legality and search for the objective truth on a case with the principle of competitiveness of the parties”

Igor Podvalny, Chairman of the Judges’ Board of the Federal Court of Arbitration of the North Western District.

Q&A

15.10 – 15.25 “Problem children of the precedent revolution”

Igor Nevzorov, Head of Practice of intellectual property protection and honest competition, Ernst&Young of Saint Petersburg

Q&A

15.35 – 15.50 “The business’s view of the leading role of the Higher Court of Arbitration of Russia in the interpretation of legal provisions: resolutions by the Plenum of the HCA of Russia, surveys of the court practice of the Board of the HCA of Russia. The practice of application of clause 5 of part 3 of Article 311 of the APC of Russia”.

Alexander Bolomatov, Partner, Law Firm "YUST"

Tatiana Machkova, Head of Judicial Practice, Sberbank of Russia

Q&A

16.00 – 17.00 “Constitution for business. General discussion on major problems”

• Does the practice of direct application of the Consitution by the Russian courts exist?
• Concepts and doctrines not stipulated by law: the practice of the HCA.
• The Cyprus scenario in Russia: constitutional or not? (extraordinary taxes over bank deposits).
• The freedom of making business decisions and the judicial control over its borders: is the principle of legal certainty applicable, when the valuation term “reasonable” is employed?
• The role of the Constitutional Court in the resolution of the problem of differing positions of the Supreme Court and the Higher Court of Arbitration.
• Andrey Tsyganov, Deputy Head of the Federal Antimonopoly Service.
• Sergey Puzyrevsky, Head of the Law Department of the Federal Antimonopoly Service.
• Roman Bevzenko, Head of the Private Law Department of the Higher Court of Arbitration of the Russian Federation.
• Anna Kostyra, Head of Law Practice of Ernst&Young of Saint Petersburg.
• Andrey Bushev, Docent of the Chair of Commercial Law of the Law Faculty of the Saint Petersburg state University, Head of the Law Department of International Paper Russia and CIS.
• Anna Volkova, Director of Law Department of AIZhK OJSC.

17.00 – 17.20 General discussion on the matters of the search for efficient forms and ways of interaction between the business and the Constitutional Court of Russia.

17.20 – 17.30 Summing up and closing of the Conference.

Registration for the event will be open until 12:00 of May 13 of 2013 (inclusive).

Additional information of the ACL:

Katerina Dedich

+7 (495) 988 53 88, ext. 1413

E-mail: Katerina.Dedich@rcca.com.ru

For more information see the organizers’ website: www.окюр.рф

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