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SPILF 2013: about the trials and their participants
21.05.2013
One of the most important legal developments of the past week, certainly, became the III St. Petersburg international legal forum in which the best representatives of the profession from all over the world discussed the issues of public law corporate practice, standards of the legal profession, advocacy and notary's offices, domestic and international litigation, charitable activities, the legal regulation of innovation, telecommunications, intellectual property, energy, sports law.
When will Russia have the case law and how it should be
Traditionally, in the eve of the St. Petersburg international legal forum of the Association of Corporate Lawyers holds a conference on domestic justice: trends and factors of influence (see more - 2011, 2012).
In 2013, experts paid special attention to the formation of the principles of law and economic analysis in the administration of justice.
Head of the Department of private law of the RF Roman Bevzenko noted that over the last three-four years in the development of the judicial practice developed certain concept. In the proprietary right is «the concept of a single object of immovable property», under which special importance is the protection of bona fide purchaser of real estate, including bona fide purchaser of the mortgaged property.
He explained: YOU in 2011 acknowledged that a significant part of the construction of following the pledge of a thing implies that the pledge should be known publicly», at the same time, the armed forces believes that there is a mystery of the collateral, and the possible existence of the acquirer, who was unaware of the pledge.
In his speech Roman Bevzenko commented on the tendency to the protection of bona fide pledgee, not only bona fide purchaser. «If earlier we defend the owners of the banks, and now we protect banks from the owners,» he noted, citing, as the purchasers of apartments in a mortgage are trying to prove that the right mortgage is void.
The SAC according to the expert, stopped and another practice «strip off the» Deposit, then the concept of a mutable object». So, if the land was divided into 10 smaller, pledge disintegrates on all newly created objects because lien is the right of the value of things.
The judge of the constitutional Court of the Russian Federation Gadis Gadzhiev and Vladimir Yaroslavtsev talked about the possibility of economic analysis justice and implementation of the principles enshrined in the basic law of the Russian Federation. According to Гадиса Hajiyev, the freedom of enterprise should have a broad scope, but not become infinite, because it affects the interests of the public. According to the judge, «who, as neither the court should these boundaries define, adjusting entrepreneur, if he abuses the freedom?».
In turn, Vladimir Yaroslavtsev admitted that began a table of legal and non-legal reasoning in judicial decisions, and emphasized the complexity of joining of various disciplines: «not all legally trusted solution are economically justified».
On behalf of the business lawyers associated partner of the Law firm «YUST» Alexander bolomatov critically treated the leadership of the RF in the interpretation of the law. According to him, today there are no clear rules and transparent procedures for the application of such a powerful Institute», as the article 311 of the code.
Recall, we are talking about the position, which refers to the new circumstances, allowing to review the merits of the case, changing the practice of application of legal norms on the initiative of the RF.
Moreover, the institution precedent is being established and largely deprived of the pluses that the legislative procedure - for example, the possibility to discuss norms, including in different regions. «True joy from the case-revolution probably can experience only the judge,» the lawyer commented ironically, for all other feelings still cannot be happy».
He stressed that the use of precedent dramatically affect the certainty of legal relations, which tomorrow could be considered otherwise being altered retroactively. When this approach is confirmed by specific deeds, «is really scary,» Alexander bolomatov.
Counterpart supported the head of judicial practice of Sberbank of Russia Tatiana Мачкова illustrated by its position figures: the practice of 2009-2010, changed the approach to the opening of the loan account, led to 20 000 claims, the results of which the Bank incurred 3.3 billion rubles of losses.
Noting that the attempts of the higher judicial instance shall form a single practice can only be welcomed, since «any rule is better than nothing», she called for the establishment of «horizon certainty about half a year,» business to regroup under new legal position of vessels.
The official release of the event is the Association of Corporate Lawyers see here.
Why do foreign experts support the idea of a monopoly law in Russian courts
On the agenda was the issue of reformation of the legal profession. Chairman of the Committee for constitutional legislation, State Duma of the Russian Federation Vladimir Pligin outlined the problem of the quality of Russian legal education. According to him, young professionals, it is necessary to inspire humanity, legality, independence and responsibility in decision-making.
The upbringing of these requirements is impossible without the participation of our foreign colleagues, especially in conditions of globalization», he said. The President of the Federal chamber of advocates Evgeny Semenyako said that our main problem - dualism in providing legal services: they can have not only lawyers, but also lawyers who do not have suitable qualifications.
«It is difficult to maintain in the professional community standard of the profession in the existence of such conditions,» he said. The solution to this problem will be, in his opinion, the establishment of uniform requirements to the specialists on the basis of the bar. «Legal practice should be conducted on the basis of the lawyers ' status», - concluded Evgeny Semenyako.
Representative of the National bar Council of France's Paul-albert Ивеинс, guided by the results of conducted in the country reforms, stressed the importance of joining of all representatives of the profession. «The stronger the Collegium of advocates, the stronger the rule of law; and the stronger advocacy, the better for economic development,» he said. At the same time, he said, «we need to guarantee the monopoly rights advocacy, the <...> in order to criticize the profession of advocates».
Summarizing the experience of East Germany, Frank Sworn, noticed, that «free legal profession is not afraid of new colleagues.» According to the specialist, for the law of monopoly on representation in court there are several grounds. «First, the legal state and the public good. Any free and democratic country wants the relations between citizens, enterprises, relations with the state were in demand on the basis of the rule of law. Second - legal assistance. Legal state is legal only if it is provided with access to legal aid for all, even for those who can't afford it. Third - combating violations of professional standards,» explained Frank Sworn.
In turn, according to Director of Department of economic development Mikhail Galperin, Association of lawyers «only means of achieving our objectives, aimed at improving the quality of legal aid», therefore the planned reform will not lead to a redistribution of the market or artificial elimination of the participants. He said that till the end of June will establish a working group with broad participation of representatives of the legal market. After the changes will be prepared, will include a discussion of reform within Russia among market participants and experts.
What really expect from graduates of law faculties
The question of quality of knowledge of modern jurists was also considered at the round table on legal education. Russian and foreign specialists discussed the widespread modernization of teaching methods. Moderator of the discussion British barrister Brick Court Chambers Michael Свейнстон drew attention of his colleagues, that, for example, distance learning, so popular in the world, cannot always replace traditional training. «Technologies are very important, but it is important that the commitment to new technologies is not passed certain trait. They are great as a tool, and the main thing in the pursuit of new technologies - not to miss and not losing something really important <...> To do a mix of the traditional approach in education with the use of modern technologies», - he said.
The experts agreed that there are currently a number of factors, influencing on the current development of legal education in Russia and in the world. In their opinion, employers are waiting for a maximum of trained lawyers, because it is not yet ready to invest in their education. They expect from graduates ability to solve practical tasks immediately after graduation. The period of training specialists becomes shorter: the market is waiting for lawyers in old age, and at the moment most economic activity.
Distance learning and the development of technology makes available information and education, but u always helps the students to form their own position or opinion. «Teaching students, we do not say what is right and help them develop their own opinion. Faculty of law must support in man independence of thinking, this is a question for lawyers professional suitability», - concluded the Dean of the law faculty of the University of Oxford Timothy Endicott.
Why employers still prefer men-lawyers
Interest of participants of the forum was the round table «Women in law: a course of change.» Deputy Minister of justice of the Russian Federation Elena Borisenko told about the successes of the Russian women in the legal sphere, and in the civil service. «We are in this issue - women's participation in law - ahead of our colleagues from the countries of Europe and America. 85% of notaries are women, 60% of lawyers are women, about 60% of judges are women,» she said.
According to her, in recent years women in Russia is increasingly occupy key posts in state bodies and large private companies. «When 20 years ago we started to build a new legal system, women were not afraid of the new. They often better to know a foreign language, were more flexible, were among the first among lawyers in the foreign law companies. They first got experience, faster grown, and now among the heads of representative offices of foreign law firms in Russia a lot of women,» added the Deputy Minister of justice.
But the preference of the employer when choosing between a man and a woman still. According to her, this is due to sustained opinion that a woman is geared towards family, but the man's career. This is a serious barrier for women lawyer, believes Elena Borisenko. It agreed to the President of the law society of England and Wales Lucy Scott
The expert believes that the combination of family life and career indispensable for both sexes. Therefore, employers should strive to create favorable conditions for its employees, primarily through flexible schedule.
«There are companies that offer their partners a flexible schedule for a week or even a year. This does not mean that a person does not matter. The legal profession is a profession specific tasks. And very often the execution of a lawyer of their task does not depend on whether he or she is: in the office, at home or on the beach», - said Lucy Scott-Монкрифф.
In summarizing the discussion, Elena Borisenko noted that the distinction between lawyers on the grounds of gender is not worth it. According to her, a professional sign only one talent.
Materials of the forum and recording sessions can be viewed on the website of the organizers
Publications about the work of the forum
<ul>
<li><a href="http://www.kommersant.ru/doc/2188487" >President Dmitry Medvedev made legally</a>//Kommersant </li>
<li><a href="http://pravo.ru/review/view/85098/" >Medvedev is pleased with the problems in the global economy: started the re-nationalisation of legal systems</a>// Право.RU </li>
<li><a href="http://rapsinews.ru/incident_news/20130515/267370254 .html" >Principles of international law should not be subject to doubts - Medvedev</a>// RAPE </li>
<li><a href="http://rapsinews.ru/incident_news/20130515/267370725 .html" >Medvedev is pleased with the increase in the number lawyers in Russia</a>// RAPE</li>
<li><a href="http://pravo.ru/news/view/85090/" >Ministry of justice finally refused to its basic ideas</a>// Право.RU </li>
<li><a href="http://www.kommersant.ru/doc/2188438" >Valery Zorkin expects generals</a>// Kommersant </li>
</ul>
Roundtables and interviews: </div>
<div>
<ul>
<li><a href="http://rapsinews.ru/judicial_mm/20130517/267422641 .html#ixzz2ToVyNlyN" >Chapter YOU the Russian Federation Anton Ivanov about moving higher courts in Petersburg</a> // RAPE </li>
<li><a href="http://pravo.ru/news/view/85151/" >Anton Ivanov found another argument in favor of professional representation in courts</a>// Pravo.Ru</li>
<li><a href="http://zakon.ru/Discussions/lobbizmu_ne_xvatilo_kisloroda__diskussiya_sobrala_rekordnoe_chislo_uchastnikov/6748" >Lobbying is not enough oxygen. Discussion gathered the record number of participants</a>// Zakon.ru </li>
<li><a href="http://rapsinews.ru/international_mm/20130517/267422936 .html" >British Minister of state, McNally about democracy and punishment of the offenders</a>//RAPE </li>
<li><a href="http://pravo.ru/news/view/85187/" >We are not bloodthirsty, but victims suffer - the interior Ministry about the idea of an Amnesty for convicted entrepreneurs</a>// Право.RU </li>
<li><a href="http://www.kommersant.ru/doc/2189195" >Fight against offshore companies will not be the national sport</a>// Kommersant </li>
<li><a href="http://rapsinews.ru/incident_news/20130516/267416174 .html" >FAS proposes to legalize «parallel imports»</a>// RAPE </li>
<li><a href="http://www.kommersant.ru/doc/2192309" >Igor Artemyev reframed the cartels</a>// Kommersant </li>
<li><a href="http://zakon.ru/Discussions/russo_turisto_%E2%80%93_obliko_bankroto__poedut_li_rossijskie_grazhdane_bankrotitsya_v_angliyu/6780" >Rousseau touristic - облико банкрото? Go do Russian citizens go bankrupt in England?</a>// Zakon.ru </li>
<li><a href="http://zakon.ru/Discussions/dovedet_li_do_germanskogo_suda_kvartira_v_berline__predely_kompetencii_nacionalnyx_sudov/6753" >over whether before a German court apartment in Berlin? The limits of the competence of national courts</a>// Zakon.ru</li>
</ul>
</div>
One of the most important legal developments of the past week, certainly, became the III St. Petersburg international legal forum in which the best representatives of the profession from all over the world discussed the issues of public law corporate practice, standards of the legal profession, advocacy and notary's offices, domestic and international litigation, charitable activities, the legal regulation of innovation, telecommunications, intellectual property, energy, sports law.
When will Russia have the case law and how it should be
Traditionally, in the eve of the St. Petersburg international legal forum of the Association of Corporate Lawyers holds a conference on domestic justice: trends and factors of influence (see more - 2011, 2012).
In 2013, experts paid special attention to the formation of the principles of law and economic analysis in the administration of justice.
Head of the Department of private law of the RF Roman Bevzenko noted that over the last three-four years in the development of the judicial practice developed certain concept. In the proprietary right is «the concept of a single object of immovable property», under which special importance is the protection of bona fide purchaser of real estate, including bona fide purchaser of the mortgaged property.
He explained: YOU in 2011 acknowledged that a significant part of the construction of following the pledge of a thing implies that the pledge should be known publicly», at the same time, the armed forces believes that there is a mystery of the collateral, and the possible existence of the acquirer, who was unaware of the pledge.
In his speech Roman Bevzenko commented on the tendency to the protection of bona fide pledgee, not only bona fide purchaser. «If earlier we defend the owners of the banks, and now we protect banks from the owners,» he noted, citing, as the purchasers of apartments in a mortgage are trying to prove that the right mortgage is void.
The SAC according to the expert, stopped and another practice «strip off the» Deposit, then the concept of a mutable object». So, if the land was divided into 10 smaller, pledge disintegrates on all newly created objects because lien is the right of the value of things.
The judge of the constitutional Court of the Russian Federation Gadis Gadzhiev and Vladimir Yaroslavtsev talked about the possibility of economic analysis justice and implementation of the principles enshrined in the basic law of the Russian Federation. According to Гадиса Hajiyev, the freedom of enterprise should have a broad scope, but not become infinite, because it affects the interests of the public. According to the judge, «who, as neither the court should these boundaries define, adjusting entrepreneur, if he abuses the freedom?».
In turn, Vladimir Yaroslavtsev admitted that began a table of legal and non-legal reasoning in judicial decisions, and emphasized the complexity of joining of various disciplines: «not all legally trusted solution are economically justified».
On behalf of the business lawyers associated partner of the Law firm «YUST» Alexander bolomatov critically treated the leadership of the RF in the interpretation of the law. According to him, today there are no clear rules and transparent procedures for the application of such a powerful Institute», as the article 311 of the code.
Recall, we are talking about the position, which refers to the new circumstances, allowing to review the merits of the case, changing the practice of application of legal norms on the initiative of the RF.
Moreover, the institution precedent is being established and largely deprived of the pluses that the legislative procedure - for example, the possibility to discuss norms, including in different regions. «True joy from the case-revolution probably can experience only the judge,» the lawyer commented ironically, for all other feelings still cannot be happy».
He stressed that the use of precedent dramatically affect the certainty of legal relations, which tomorrow could be considered otherwise being altered retroactively. When this approach is confirmed by specific deeds, «is really scary,» Alexander bolomatov.
Counterpart supported the head of judicial practice of Sberbank of Russia Tatiana Мачкова illustrated by its position figures: the practice of 2009-2010, changed the approach to the opening of the loan account, led to 20 000 claims, the results of which the Bank incurred 3.3 billion rubles of losses.
Noting that the attempts of the higher judicial instance shall form a single practice can only be welcomed, since «any rule is better than nothing», she called for the establishment of «horizon certainty about half a year,» business to regroup under new legal position of vessels.
The official release of the event is the Association of Corporate Lawyers see here.
Why do foreign experts support the idea of a monopoly law in Russian courts
On the agenda was the issue of reformation of the legal profession. Chairman of the Committee for constitutional legislation, State Duma of the Russian Federation Vladimir Pligin outlined the problem of the quality of Russian legal education. According to him, young professionals, it is necessary to inspire humanity, legality, independence and responsibility in decision-making.
The upbringing of these requirements is impossible without the participation of our foreign colleagues, especially in conditions of globalization», he said. The President of the Federal chamber of advocates Evgeny Semenyako said that our main problem - dualism in providing legal services: they can have not only lawyers, but also lawyers who do not have suitable qualifications.
«It is difficult to maintain in the professional community standard of the profession in the existence of such conditions,» he said. The solution to this problem will be, in his opinion, the establishment of uniform requirements to the specialists on the basis of the bar. «Legal practice should be conducted on the basis of the lawyers ' status», - concluded Evgeny Semenyako.
Representative of the National bar Council of France's Paul-albert Ивеинс, guided by the results of conducted in the country reforms, stressed the importance of joining of all representatives of the profession. «The stronger the Collegium of advocates, the stronger the rule of law; and the stronger advocacy, the better for economic development,» he said. At the same time, he said, «we need to guarantee the monopoly rights advocacy, the <...> in order to criticize the profession of advocates».
Summarizing the experience of East Germany, Frank Sworn, noticed, that «free legal profession is not afraid of new colleagues.» According to the specialist, for the law of monopoly on representation in court there are several grounds. «First, the legal state and the public good. Any free and democratic country wants the relations between citizens, enterprises, relations with the state were in demand on the basis of the rule of law. Second - legal assistance. Legal state is legal only if it is provided with access to legal aid for all, even for those who can't afford it. Third - combating violations of professional standards,» explained Frank Sworn.
In turn, according to Director of Department of economic development Mikhail Galperin, Association of lawyers «only means of achieving our objectives, aimed at improving the quality of legal aid», therefore the planned reform will not lead to a redistribution of the market or artificial elimination of the participants. He said that till the end of June will establish a working group with broad participation of representatives of the legal market. After the changes will be prepared, will include a discussion of reform within Russia among market participants and experts.
What really expect from graduates of law faculties
The question of quality of knowledge of modern jurists was also considered at the round table on legal education. Russian and foreign specialists discussed the widespread modernization of teaching methods. Moderator of the discussion British barrister Brick Court Chambers Michael Свейнстон drew attention of his colleagues, that, for example, distance learning, so popular in the world, cannot always replace traditional training. «Technologies are very important, but it is important that the commitment to new technologies is not passed certain trait. They are great as a tool, and the main thing in the pursuit of new technologies - not to miss and not losing something really important <...> To do a mix of the traditional approach in education with the use of modern technologies», - he said.
The experts agreed that there are currently a number of factors, influencing on the current development of legal education in Russia and in the world. In their opinion, employers are waiting for a maximum of trained lawyers, because it is not yet ready to invest in their education. They expect from graduates ability to solve practical tasks immediately after graduation. The period of training specialists becomes shorter: the market is waiting for lawyers in old age, and at the moment most economic activity.
Distance learning and the development of technology makes available information and education, but u always helps the students to form their own position or opinion. «Teaching students, we do not say what is right and help them develop their own opinion. Faculty of law must support in man independence of thinking, this is a question for lawyers professional suitability», - concluded the Dean of the law faculty of the University of Oxford Timothy Endicott.
Why employers still prefer men-lawyers
Interest of participants of the forum was the round table «Women in law: a course of change.» Deputy Minister of justice of the Russian Federation Elena Borisenko told about the successes of the Russian women in the legal sphere, and in the civil service. «We are in this issue - women's participation in law - ahead of our colleagues from the countries of Europe and America. 85% of notaries are women, 60% of lawyers are women, about 60% of judges are women,» she said.
According to her, in recent years women in Russia is increasingly occupy key posts in state bodies and large private companies. «When 20 years ago we started to build a new legal system, women were not afraid of the new. They often better to know a foreign language, were more flexible, were among the first among lawyers in the foreign law companies. They first got experience, faster grown, and now among the heads of representative offices of foreign law firms in Russia a lot of women,» added the Deputy Minister of justice.
But the preference of the employer when choosing between a man and a woman still. According to her, this is due to sustained opinion that a woman is geared towards family, but the man's career. This is a serious barrier for women lawyer, believes Elena Borisenko. It agreed to the President of the law society of England and Wales Lucy Scott
The expert believes that the combination of family life and career indispensable for both sexes. Therefore, employers should strive to create favorable conditions for its employees, primarily through flexible schedule.
«There are companies that offer their partners a flexible schedule for a week or even a year. This does not mean that a person does not matter. The legal profession is a profession specific tasks. And very often the execution of a lawyer of their task does not depend on whether he or she is: in the office, at home or on the beach», - said Lucy Scott-Монкрифф.
In summarizing the discussion, Elena Borisenko noted that the distinction between lawyers on the grounds of gender is not worth it. According to her, a professional sign only one talent.
Materials of the forum and recording sessions can be viewed on the website of the organizers
Publications about the work of the forum
<ul>
<li><a href="http://www.kommersant.ru/doc/2188487" >President Dmitry Medvedev made legally</a>//Kommersant </li>
<li><a href="http://pravo.ru/review/view/85098/" >Medvedev is pleased with the problems in the global economy: started the re-nationalisation of legal systems</a>// Право.RU </li>
<li><a href="http://rapsinews.ru/incident_news/20130515/267370254 .html" >Principles of international law should not be subject to doubts - Medvedev</a>// RAPE </li>
<li><a href="http://rapsinews.ru/incident_news/20130515/267370725 .html" >Medvedev is pleased with the increase in the number lawyers in Russia</a>// RAPE</li>
<li><a href="http://pravo.ru/news/view/85090/" >Ministry of justice finally refused to its basic ideas</a>// Право.RU </li>
<li><a href="http://www.kommersant.ru/doc/2188438" >Valery Zorkin expects generals</a>// Kommersant </li>
</ul>
Roundtables and interviews: </div>
<div>
<ul>
<li><a href="http://rapsinews.ru/judicial_mm/20130517/267422641 .html#ixzz2ToVyNlyN" >Chapter YOU the Russian Federation Anton Ivanov about moving higher courts in Petersburg</a> // RAPE </li>
<li><a href="http://pravo.ru/news/view/85151/" >Anton Ivanov found another argument in favor of professional representation in courts</a>// Pravo.Ru</li>
<li><a href="http://zakon.ru/Discussions/lobbizmu_ne_xvatilo_kisloroda__diskussiya_sobrala_rekordnoe_chislo_uchastnikov/6748" >Lobbying is not enough oxygen. Discussion gathered the record number of participants</a>// Zakon.ru </li>
<li><a href="http://rapsinews.ru/international_mm/20130517/267422936 .html" >British Minister of state, McNally about democracy and punishment of the offenders</a>//RAPE </li>
<li><a href="http://pravo.ru/news/view/85187/" >We are not bloodthirsty, but victims suffer - the interior Ministry about the idea of an Amnesty for convicted entrepreneurs</a>// Право.RU </li>
<li><a href="http://www.kommersant.ru/doc/2189195" >Fight against offshore companies will not be the national sport</a>// Kommersant </li>
<li><a href="http://rapsinews.ru/incident_news/20130516/267416174 .html" >FAS proposes to legalize «parallel imports»</a>// RAPE </li>
<li><a href="http://www.kommersant.ru/doc/2192309" >Igor Artemyev reframed the cartels</a>// Kommersant </li>
<li><a href="http://zakon.ru/Discussions/russo_turisto_%E2%80%93_obliko_bankroto__poedut_li_rossijskie_grazhdane_bankrotitsya_v_angliyu/6780" >Rousseau touristic - облико банкрото? Go do Russian citizens go bankrupt in England?</a>// Zakon.ru </li>
<li><a href="http://zakon.ru/Discussions/dovedet_li_do_germanskogo_suda_kvartira_v_berline__predely_kompetencii_nacionalnyx_sudov/6753" >over whether before a German court apartment in Berlin? The limits of the competence of national courts</a>// Zakon.ru</li>
</ul>
</div>
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