Russian Law Journal

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Vol 1, No 1 (2013)
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Chief Editor’s Note

Welcome notes


9-25 1267
American procedure has long been distinctive. It was part of the common law family of procedure, but different from the other common law countries, and even more different from the civil law countries. Gradually, the other common law countries have changed their procedures to be more similar to that in the civil law countries, which have at the same time been introducing elements that resemble some traditional features of common law procedure. In that sense, harmonization seems to be happening in the rest of the world, except America. That remains true, but ongoing procedural changes in America mean that US procedure is coming to resemble the procedure of the rest of the world a bit more than it did a generation ago. This article reports on the most recent reform package for the US federal courts, which will be under active consideration in America in 2013–2014.
26-38 952
In the present paper we have hypothesized an explanation for the fact that the evaluation of the social impact of law is modeled predominantly by the economic efficiency concept. Considering the early stages of the concept’s development, we try to make it more intelligible to the European lawyers.
39-45 1506
The 1864 Judicial Reform proclaimed adversarial procedure in Russia. Last reforms of civil procedure in Russia go forward. The article deals with comparative analysis modern civil procedure and main characters of the Reform 1864 with reference on foreign civil procedure and national court practice.
46-56 1313
The essay describes the main contents of the Recommendation and the Communication issued in June 2013 by the European Commission on the topic of collective redress with the view to outlining a set of common and harmonized principles that should inspire Member States in their respective regulations on group actions for the judicial enforcement of rights granted under EU law.
57-65 1640
The article deals with the issues specific to Russia’s system of class actions. The author of the article on the institution of class actions has taken in consideration the social and legal prerequisites for adopting such an institution as well as international best practices. Particular attention has been paid to the goals of class actions, such as forming a group, representing the interests of a group, financing a class action, as well as permissible limits to a class action.
66-79 1457
How best to compensate victims of mass disasters – whether made by man or nature – is a worldwide problem. This article considers the very different approaches in three recent U.S. disasters. In the 2001 9/11 terrorist bombings, in which the wrong-doers could not reached, the government bore the brunt of the compensation. In the Katrina litigation, where the damage was from the 2005 hurricane, long-term losses had to be recovered through insurance or tort suits, neither of which turned out very satisfactorily for the victims. In the BP Oil Spill litigation, resulting from the 2010 oil spill in the Gulf of Mexico, the court tort system has been the primary source of compensation against BP and its partners that were responsible for the disaster. The ‘claims process’ that has been central to insuring long-term compensation is examined.
80-90 1841
The article deals with a procedure of entering into a contract under Russian civil law both at the domestic and foreign markets. An offer and an acceptance are considered in the light or relevant provisions of the Russian Civil Codes of 1922, 1964 and that currently effective as compared with rules of the UN Convention on Contracts for the International Sale of Goods 1980 and INIDROIT Principles of International Commercial Contracts 2010.

Conferences Review Notes

94-103 1059
For most crimes, the Internet in particular or information technology in general is merely one of several means they can be committed. With information and communications technology becoming ever more important and essential to our day-to-day lives, some ‘old’ crimes such as theft need to be re-thought, and ‘new’ crimes such as protecting data integrity need to be considered. This was the broad scope of a conference hosted by the Russian Association of Lawyers and Lomonosov Moscow State University and chaired jointly by Vladimir Komissarov (Russia) and Katalin Ligeti (Hungary) from April 24th to 27th, 2013. The recommendations drafted at this event will set the stage for the Second Section of the XIXth AIDP197 International Congress of Penal Law, which will take place in September 2014 in Rio de Janeiro, Brazil.

ISSN 2309-8678 (Print)
ISSN 2312-3605 (Online)