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RUSSIAN LAW: THEORY and PRACTICE Issue 2, 2017 Journal of the Russian Academy of Legal Sciences RUSSIAN LAW: THEORY AND PRACTICE Issue 2, 2017 Published twice yearly under the editorship of V.S. Belykh RUSSIAN LAW: Theory and Practice No. 2 • 2017 Editorial Council Editor-in-Chief: V.S. Belykh (Doctor of Law, Professor, Head of Entrepreneurial Law Department, Ural State Law University, Honoured Worker of Science of the RF, Russia) Deputy Editor-in-Chief: L.A.Sokolova (Senior Lecturer, Ural State Law University, Russia) S.A. Avakyan (Head of Constitutional and Z. Koudelka (Department of Constitutional I.V. Reshetnikova (Chair of the Municipal Law Department, Law Faculty, Law and Political Science, Faculty of Law, Commercial Court of the Ural District, Lomonosov Moscow State University, Masaryk University; Karel Engliš College; Russia) Russia) Brno, Czech Republic) F. J. Sacker (Institute for German and K.V. Borght (Professor of Law, Free European Business, Competition and P.V. Krashininikov (Chairman of the Regulatory Law, Freie Universität, Berlin) University of Brussels, Belgium) Committee for State Construction and Legislation of the RF State Duma, Russia) E.V. Semenyako (Vice-President, Federal W. Burnham (Wayne State University, Chamber of Advocates of Russia) USA) P.B. Maggs (University of Illinois, USA) L. Shelley (George Mason University, W.E. Butler (Vinogradoff Institute, A.L. Makovsky (First Chairman of Virginia, USA) Pennsylvania State University, Council, Research Center of Private Law W.B. Simons (University of Leiden, USA) under President of the Russian Federation, the Netherlands) G. Crespi-Reghizzi (University of Pavia, Russia) P. Solomon (University of Toronto, Italy) Canada) A.V. Malko (Professor, Saratov State V.V. Ershov (Rector, Russian Academy Academy of Law, Russia) E.A. Sukhanov (Head of Civil Law of Justice, Russia) Department, the Law Faculty of V. D. Perevalov (President, Ural State Law Lomonosov Moscow State University, M.E. Gashi-Butler (Phoenix Law University, Russia) Russia) Associates) P. Pettibone (Hogan Lovells LLP, USA) A.Ya. Tobak (Senior Partner, “Makarov & A.K. Golichenkov (Dean, Law Faculty, Tobak” Attorneys at Law, Russia) Lomonosov Moscow State University, I. F. Pokrovsky (Rector, Institute of D.V. Vinnitsky (Head of Tax and Russia) Maritime Law, St. Petersburg, Russia) Financial Law Department, Ural State Law University, Yekaterinburg, Russia) J. Handerson (King’s College, London, V. F. Popondopulo (Head of Commercial Great Britain) Law Department, St. Petersburg State V.V. Vitryansky (Doctor of Law, University, Russia) Professor, Russia) J. Huhs (Dewey & LeBoeuf) V.V. Yarkov (Head of Civil Procedure Law Kaj Hober (Mannheimer Swartling, S.B. Puginsky (Partner, “Egorov, Puginsky, Department, Ural State Law University, Sweden) Afanasiev & Partners” Law Offi ces, Russia) Yekaterinburg, Russia) Editorial Board Editor-in-Chief of Distribution Section: Editorial Board: “Jurist”Publishing Group: Tel/fax: (+7)(495) 617 1888 (+7)( 495) 953 9108; V.V. Grib Index: e-mail: [email protected] Deputy Editors-in-Chief “Agency for distribution of foreign Publisher’s Address of “Jurist”Publishing Group: publications” — 91885. for Correspondence: A.I. Babkin, V.S. Belykh, 1000 copies/ E.N. Renov, O.F. Platonova, RAUN, Kosmodamianskaya Quay, Contact Us : Yu.V. Truntsevsky 26/55 Building 7, Moscow Editorial Council: 125057, Russia Editorial Staff : (+7)(343) 245 9398; e-mail: [email protected] E.A. Lapteva e-mail: [email protected] (+7)(495) 951 6069 (Russia) © Russian Academy of Legal Sciences, 2017 © Th e Russian Law: Th eory and Practice, 2017 Th e Russian Law: Th eory and Practice is registered with the Russian Ministry of Press, TV Broadcasting and Mass Communications. Regn. 77−1578, Jan. 28, 2000. Published twice yearly. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise without the prior permission in writing of the publisher and founder. Printed in Russia. Authors: When sending a manuscript to Publishing House “Jurist”, the author may express nonconsent to the publication of an English-language version. TABLE OF CONTENTS From the Editor-in-Chief ............................................................................................ 5 CONSTITUTIONAL LAW AND ECONOMY Th e Content of the Right to Information According to the Legislation of the Russian Federation: the Ratio of Private and Public Tatiana V. Efi mtseva, Stanislav A. Shadrin ..........................................................7 On the Perspectives of Russian Studies on Constitutional Economics Andrei M. Sergeev ..........................................................................................................17 ECONOMY, BUSINESS AND LAW A Set of Actions on Economic Concentration Maria A. Egorova ..........................................................................................................26 Contractual Regulation of Certifi cation of Goods (Works, Services) in Civil Law Albina S. Panova............................................................................................................37 Technical Regulations on the Safety of Chemical Products in the System of Legal Arrangements for Chemical Safety of the Russian Federation Vlada Yu. Lukyanova ...................................................................................................47 Legal Issues of Ensuring Environmental Security in the Russian Federation: Cross-Sectoral Aspects Olga V. Vagina, Ekaterina Yu. Gaevskaya ................................................................63 ARBITRAL PROCEEDINGS 15 Years towards the Adversarial Principle in Commercial Litigation Irina V. Reshetnikova ....................................................................................................74 Recognition and Enforcement of Judgements between the EU and Russia: Possible Perspectives Vladimir V. Yarkov ........................................................................................................83 RUSSIAN LAW: THEORY AND PRACTICE • No. 2 • 2017 3 Customs in the Russian Judicial Practice and their Interaction with the Law in Integrated Judicial Acts Alexander V. Malyshkin ...............................................................................................92 PERSONALITIES Who is Mr.Putin? Vladimir S. Belykh.......................................................................................................103 Mikhail Koltsov in Spain and Soviet Foreign Intelligence (1936-1938) Sergey V. Ratz, Nadezhda I. Milutenko ...................................................................120 4 RUSSIAN LAW: THEORY AND PRACTICE • No. 2 • 2017 Dear Readers! Th e year of 2017 in the Oriental calendar is the year of the Fire Rooster which promises to be more successful and full of events. According to the Oriental calendar, the rooster is the most colorful, sociable, and exquisite. It likes to attract attention and adores compliments. At present, there is a clash of geopolitical, economic and military interests between the major participants of the world economy. We can speak about several centres of international power; they are: the US, united Europe, China, Japan and Russia. But Russia (if to remember statements by Z.Brzezinski) has another role to play. As for united Europe, the leading role is likely to be played by Germany. Th e United States approves of this idea, but only on one condition – under the control of the US. Th erefore, it seems logical that G.Soros asked A.Merkel to be the head of united Europe. Th e confrontation between Russia, on the one hand, and the United States and Western countries, on the other hand, is not just a dispute about who the fi rst is and who is stronger. Th is confrontation is, fi rst of all, caused by pursued economic interests over trade markets and mineral resources. If Russia, for example, loses one of its allies, like Syria, it will have to surrender very many positions in the Middle East, including quite a large trade market. Mass media have recently published information on a possible construction of pipelines to deliver natural gas from Qatar to Europe. Such a step will make the South Steam that Russia has been working on just useless and will signifi cantly decrease the importance of the North Stream. As Z.Brzezinski once noted, “the New World Order under the hegemony of the USA is created against Russia, at the expense of Russia and on the ruins of Russia”. Foreign policy is the continuation of domestic policy and, fi rst of all, of the development of the national economy of Russia. An economically RUSSIAN LAW: THEORY AND PRACTICE • No. 2 • 2017 5 developed state with a powerful military infrastructure is the leader on the international, European and regional arenas. It is a law and psychology of leadership and a leader! On 23 July 2017, the founder of the Economic (and currently, Entrepreneurial) Law Department, the Faculty of Legal Service in the National Economic System (currently, the Institute of Entrepreneurship and Law), Professor, Doctor of Law, Honoured Lawyer of the Russian Federation – Vasiliy Stepanovich Yakushev would have turned 95 years old. On 19-20 October 2017, the fi rst Yakushev’s Readings will be held in the memory of such an outstanding person and a highly skilled professional. Dear readers! Take care of yourselves and your family. Love your neighbours as yourselves. Not to lose yourself in this raging world is very important. Editor-in-Chief, Doctor of Law,
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