Protection of property rights based on the doctrine of piercing the corporate veil in the russian case law

In the Russian justice system, the doctrine of piercing the corporate veil was developed at the case  law level and is used to prevent abuse in corporate relationships on the part of those who  control a legal entity in detriment to the property rights of the legal entity’s creditors. Since the  principle of limited liability is important for Russian civil circulation, it is necessary to identify the  relevant grounds for the application of said doctrine and its application criteria. Our objective is to  justify not only the need for preservation of the doctrine of piercing the corporate veil in the  Russian legal system, but also the development of the doctrine by giving it concrete substance  based on generalization of existing case law. The criteria for applying the doctrine of piercing the  corporate veil are: monitoring the activities of a legal entity by another entity which can influence commercial companies’ decision making, actually or legally; violations or abuse of rights;  existence of a cause-and-effect relationship between a violation or an abuse of rights on the part of the beneficiary and the creditor’s losses; the existence of exceptional circumstances in which it is  impossible to protect the creditors’ legitimate interests with other legal measures; and dispute  arising from private law relations. The main consequence of applying the doctrine of piercing the  corporate veil is the disregard for the corporate entity. Autonomy can manifest in three areas  (extension of a party’s debts to the legal entities under its control; acknowledgement that the  rights and liabilities are actually vested in the party which managed the legal entity;  acknowledgement of the legal entity as a representative of the controlling legal entity)

Deus Ex Pandemus: Is Movement Control Here to Stay?

Conspiracy theorists and laymen wonder whether the emergency measures introduced in response to COVID-19 will be upheld even after the pandemic is over. Using plot elements of Deus Ex the video game, one can show that measures such as movement control are not sustainable in the long run

Deus Ex Pandemus: Is Movement Control Here to Stay?

Conspiracy theorists and laymen wonder whether the emergency measures introduced in response to COVID-19 will be upheld even after the pandemic is over. Using plot elements of Deus Ex the video game, one can show that measures such as movement control are not sustainable in the long run

Polylactide/poly(hydroxybutyrate-co-hydroxyvalerate) blends: Morphology and mechanical properties

International audienceThe morphology and the mechanical properties of polylactide/poly(hydroxybutyrate-co-hydroxyvalerate) blends of various compositions were studied. The statistical analysis of the scanning electron microscopy images allowed finding two statistical ensembles of the minor-phase particles. The first ensemble involves the dispersed particles, whereas the second one contains the coalesced particles. The mean diameters of both dispersed and coalesced minor-phase particles were calculated and plotted against the blend composition. Young's modulus, tensile strength, elongation at break, and Charpy impact strength of the blends were determined and examined as a function of the blend composition. The Young's modulus values were shown to be in accordance with theoretical predictions

THE DOCTRINE OF BENEFICIAL OWNERSHIP IN RUSSIAN LAW

The article deals with the problems of differentiation of the spheres of application of doctrine, the piercing corporate veils and the doctrine of beneficial ownership. Both of these doctrines are used to challenge corporate decisions. Challenging is possible if a person exercising corporate control has abused them, or has lost the reality of its course. The article proposes solution of the problem when persons controlling a legal entity, thus structuring contractual relations, so as not to lose control over the company and in cases of introduction of bankruptcy procedures, and transfer of management by its creditor. The doctrine of beneficial ownership is applicable where the following conditions are met: the beneficiary makes a full disclosure of corporate information and details of the business structure; the complexity of the business structure is immaterial; the beneficiary has proved that he exercised corporate control over the company whose decision or transaction he is contesting, but has lost this control as a result of wrongdoing; the contested resolution of the company's general meeting is void (voidable); the beneficiary has acted in good faith; the beneficiary has motivation due to fear of financial losses, which he is certain to suffer unless the transaction or decision is contested; the doctrine is applied by way of exception.

Observing the Evolution in Macroeconomic Theory

The principal purpose of the given work is to summarize certain observations on the evolution of thought in macroeconomic theory with the original (rather than conventional) notation where appropriate. The observations are organized by topic and supplied with respective references

Observing the Evolution in Macroeconomic Theory

The principal purpose of the given work is to summarize certain observations on the evolution of thought in macroeconomic theory with the original (rather than conventional) notation where appropriate. The observations are organized by topic and supplied with respective references

Predicting a recession with ensemble forecasting: the Fisher Knight recession indicator

Using an ensemble forecasting technique, we created the rule-based indicator (FKRI, the Fisher Knight Recession Indicator) that accurately predicted all five economic recessions in the United States during the last 45 years. The indicator gave neither type I nor type II errors (no false alarms and no misses) and predicted recessions in no later than four months. Based on the yield curve inversion principle, FKRI is strictly empirical and can be easily replicated with publicly available market data. We expect the indicator to accurately predict future recessions as well