Monday, 27 February 2017

Consumers law and financial institutions

In the first Quarter Practise Review, issued by the Russian Supreme Court in the mid-February, one can find several decisions on consumer's relationship with banks or other financial institutions. I have already written a post on one of them, namely on a 'hardship' clause and modification of a loan contract, made in foreign currency. Here are the outlines of two others and some general conclusions...

Saturday, 25 February 2017

On-line court proceedings coming soon...

A week ago Russian Parliament voted for pushing the Internet further in the litigation to make it more transparent. A draft to let all types of proceedings, including even criminal one, to be transmitted on the web site on-line, passed the lower Chamber of the Parliament. According to the draft, some general requirements should be fulfilled for the filming namely keeping order in the courtroom and prohibiting interfering the procedure. The main restriction would apparently be the necessity to get the court permission for shooting, the latter being reluctant for being filmed. 

Wednesday, 22 February 2017

Currency fall is not hardship is Russia

Several days ago the Supreme Court of Russia issues its first quarterly review of its most important decisions, which had been made recently (Russian text is available on the official web site). The eighth judgment was about whether a plummeting fall of Russian currency because of Crimea crisis could be considered as hardship and thus led to conversion of a loan contract. The Court unsurprisingly gave a negative answer, confirming general reluctance to use ‘rebus sic stantibus’ doctrine. However some remarks in the ruling seem to leave a door open to use this clause as a ground for contract modification…

Sunday, 19 February 2017

Biological cell products

On the 1st of January 2017 the new Law On Biological Cell Products took force to regulate procurement and preservation of human bodily material for medical therapy (art. 1). It was specifically mentioned that it did not cover not only blood donation or assisted reproductive technologies, but also circulation of biosamples for research purposes, thus being an analog for the European directives on advanced medical treatment.

Wednesday, 15 February 2017

Is there a property right on human tissues and cells?

Is there a property right in human tissues and cells after separation from the body? The issue is being hotly debated throughout the Globe and today I'd like to outline few existing norms on the topic according to Russian law. 
In Russian legislation there are no general provisions on biomaterial after separation from a human body, in the Law “On protection of human health” (hereinafter – “the Law On Health Protection”) where they are expected to be located one can find only a mention that laboratory diagnostics is a kind of medical service (art. 2). 

Sunday, 12 February 2017

The new law on real estate registry

On the 1st of January 2017 the new Law of Real Estate Registry took effect, abolishing a large quantity of acts which had been enacted since 1998 when general rules in this question were provided for the first time. As the law of 1998 was the the starting point for real estate registry in modern Russian history, it had been amended enormously often thus the general revision seems to be quite a reasonable step to take.

Friday, 10 February 2017

Constitutional Court Decision to protect infringers

On the 13th of December 2016 the Constitutional Court of Russia made important decision on authors, patent and trademark law aiming to protect infringers whose punishment might be too severe according to existing rules. Russian Ministry of Justice have already made a proposal for amendments…

Tuesday, 7 February 2017

A further step to electronic litigation

Due to some amendments and new acts as well as some improvements in the court system Internet site it is now possible to bring an action on-line not only in an Arbitrage court (which is mainly for business claims) but in General Jurisdictions courts also (which is for non-business disputes). An electronic action should be signed be an electronic signature, which can be made within 2 days for about 2000 rubles (something like $40), so it undoubtfully simplifies getting court protection for a broken right for anyone suing more than once. Although there are some weird soft bugs (for instance, nowadays the system accepts only PDF documents which have been previously printed and then scanned), they tend to be solved and anyway it solves a lot of time for lawyers and businesses.

Sunday, 5 February 2017

The privacy and the law of proof

An audio of a conversation between parties to a contract can undoubtedly be a proof in a litigation amid them but does it matter whether both parties knew it was recorded? 

Thursday, 2 February 2017

Mandatory complaints

From the 1st of July 2016 the amended Arbitrage Code has mandatorily prescribed to send a complaint to a counterpart prior to sue, in order to diminish the sheer number of cases that have to be ruled by court.