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St.Petersburg International Legal Forum 2015 ST.PETERSBURG INTERNATIONAL LEGAL FORUM 2015 ST. PETERSBURG INTERNATIONAL LEGAL FORUM 2015 FORUM LEGAL INTERNATIONAL PETERSBURG ST. 1 CONTENTS Plenary session 4 Mission of Law in an Era of Change Lecture 30 Lecture by Valery Zorkin, Chairman of the Constitutional Court of the Russian Federation ”Power of Law and the Right to Power“ Discussion 46 Innovations in Managing Operations of Non-credit Financial Institutions Report 52 70th Anniversary of the Nuremberg Trials. Report by Alexander Zvyagintsev, Deputy Prosecutor General of the Russian Federation Discussion 66 Strategic Approach to Islamic Financial Instruments Conference 72 Eurasian integration: One Year Since Signing the Treaty on the Eurasian Economic Union 78 Rule of Law in the Shanghai Cooperation Organization Member States 84 Conference of Southern Common Market (MERCOSUR) Member States 90 International Conference of the Federal Chamber of Lawyers of the Russian Federation “Strengthening the Independence of the Judiciary and the Adversarial System — Standpoint of the Bar” 98 Legal Education: an Alternative View Presentation 104 The Hague Conference on Private Inter­­national Law (HCCH) — Building Bridges for Global Citizenship 110 Presentation of Thai Law ST.PETERSBURG INTERNATIONAL LEGAL FORUM 2015 3 DISCUSSION SESSIONS 1. INTERNATIONAL LAW RULE OF LAW Roundtable 1.1. 118 Unilateral Sanctions in a Multipolar World: Legal Challenges Roundtable 1.2 124 Moral Foundations and Natural Law Roundtable 1.3 130 International and National Criminal Justice: Compatibility and Interaction Roundtable 1.4 136 Modern Anti-corruption Mechanisms and Ways to Improve Them Roundtable 1.5 142 Sovereignty and Supranationalism in Contemporary International Relations Roundtable 1.6 148 Legal Consulting Consulting: Limits of the Possible Roundtable 1.7 154 Modern Constitutionalism 2. PRIVATE LAW Roundtable 2.1 166 Acting Novels of the Civil Code for Legal Entities Roundtable 2.2 172 Business Inheritance Roundtable 2.3 178 Management of Construction and Investment Projects Roundtable 2.4 184 Legal Remedies in Case of Non-Performance of Obligations Roundtable 2.5 190 Reforming Liability Law in Russia: Agenda for 2015 Roundtable 2.6 196 Limited Property Rights: How the Civil Code is Favourable for Businesses 4 ST.PETERSBURG INTERNATIONAL LEGAL FORUM 2015 3. CORPORATE PRACTICE INTERNATIONAL TRADE PROTECTION OF COMPETITION Roundtable 3.1 202 Legal Department in the Digital Age Roundtable 3.2 208 Globalization of Pro Bono Roundtable 3.3 214 M&A Deals and Investment Market in Russia in an Existing Environment Roundtable 3.4 220 Which Role for International Law in the Prevention and Suppression of Illicit Trade? Roundtable 3.5 226 Product Liability: Effect on the Price Roundtable 3.6 232 Extra territorial Effects of National Legislation — Transnational Corporations’ Risks Roundtable 3.7 238 Regulation of Public Procurement and Procurement by Public Companies Roundtable 3.8 244 Antimonopoly Law Enforcement in the Modern Economic Conditions Roundtable 3.9 250 Applying Trade Remedies in BRICS Countries: Policies, Practices, Challenges 4. LITIGATION AND ARBITRATION PRACTICE Roundtable 4.1 256 Is International Arbitration Stagnating? Would Asian Arbitration Centres Pour New Blood in Dispute Resolution Procedure? Roundtable 4.2 262 Effective Cross-Border Execution of Judgements: National or Universal Criteria? ST.PETERSBURG INTERNATIONAL LEGAL FORUM 2015 5 Roundtable 4.3 268 Forensic Expertise — Fact-finding on the Border Between the Subjective and Objective Roundtable 4.4 276 Business Protection in Case of Bankruptcy 5. SMART SOCIETY Roundtable 5.1 282 Trademarks: Shield or Sword? Current Issues of Legal Practice Roundtable 5.2 288 Protection of Personal Data: the Legal Response to the Challenges of the Global Information Progress Roundtable 5.3 296 Normative Technical Regulations and Innovation in the Digital Era: Eliminating Barriers for Creativity and Innovation Roundtable 5.4 304 National Efforts to Control the Internet: to regulate or Not? 6. CULTURAL HERITAGE PUBLIC INTEREST ENVIRONMENT Roundtable 6.1 310 Legal Barriers to Access to the World Cultural Heritage. Whether Is there a Solution? Roundtable 6.2 318 State Preservation of the Cultural Heritage: How It Works Roundtable 6.3 324 Cross-Border Environmental Protection Roundtable 6.4 330 Problems of Harmonization of Energy Law in Russia, EU and Eurasian Economic Union Roundtable 6.5 336 Development of the Russian Subsoil Use Legislation: Efforts to Provide Influx of Investment 6 ST.PETERSBURG INTERNATIONAL LEGAL FORUM 2015 7. INVESTMENTS. FINANCE Roundtable 7.1 342 Joint Venturing with a Foreign Investor: How to Make a Partnership Work Roundtable 7.2 348 Russian-Chinese Cooperation: from Words to Action Roundtable 7.3 356 Investment in Infrastructure as a Driver of Economic Growth in Developing Countries Roundtable 7.4 362 International Experience of Tax Ruling and the Possibility of Its Implementation in Russia Roundtable 7.5 368 Global Recession and Prosecution for Financial Crimes Roundtable 7.6 374 Main Issues of Nuclear New Build Projects Roundtable 7.7 380 Role of Credit Unions in Legal Entities’ Bankruptcy: Myths and Reality Roundtable 7.8 386 Public Talk “Capital Amnesty: Guide for Action” Roundtable 7.9 392 Which Pension System Is Right for Modern Russia? Roundtable 7.10 398 Development of Japanese-Russian Investment Projects: Practical Issues Roundtable 7.11 404 Development of Regions and Investment Climate: New Legal Solutions Roundtable 7.12 410 Worldwide Legal Services for High-Net-Worth Individuals ST.PETERSBURG INTERNATIONAL LEGAL FORUM 2015 7 Plenary session ST.PETERSBURG INTERNATIONAL LEGAL FORUM 2015 MISSION OF LAW IN AN ERA OF CHANGE 27.05 8 9 Plenary session MODERATOR SPEAKERS Veniamin Yakovlev, Dmitry Medvedev, Wolfgang Brandstetter, Adviser to the President of the Prime Minister of the Russian Federal Minister of Justice Russian Federation Federation of the Republic of Austria Reno Sorieul, Secretary, United Nations Commission on International Trade Law (UNCITRAL) 10 ST.PETERSBURG INTERNATIONAL LEGAL FORUM 2015 MISSION OF LAW IN AN ERA OF CHANGE John Finnis, Aleksandr Konovalov, Professor of Law and Legal Minister of Justice of the Philosophy Emeritus, University Russian Federation of Oxford Alberto Mazzoni, Miguel de Serpa Soares, Andrea Orlando, President, International Under-Secretary-General Minister of Justice of the Institute for the Unification of for Legal Affairs and United Italian Republic Private Law Nations Legal Counsel 11 TRANSCRIPT OF THE PLENARY SESSION “MISSION OF LAW IN AN ERA OF CHANGE” Aleksandr Konovalov, Minister of Justice of the regulations we have adopted, or with a number of interna- Russian Federation: Changes. Are they for the worse or for tional treaties that have been signed. It is more important the better? Changes require decision-making, and people, to understand how solid and efficient the legal basis is at as it is well known, do not like to make decisions. On the this very stage because it is the foundation for the existence other hand, only in the changing, dynamic, multi-faceted of our state and society. Law, as it is known, in its nature society innovations become possible, which are so neces- is a very flexible and active structure. As lawyers, we are sary for further development of man and mankind. convinced that it can give an efficient response to any social What kind of role can lawyers play in these chang- changes and challenges of today’s world, including through es? I think I will not be wrong if I say that this role is huge. traditional regulations or even through legal experiments The best representatives of our profession can help the so- with legislation (without infringing upon fundamental civil ciety find best balance between conservative and innovative rights and liberties). approaches, to optimize technologies without losing their For the Government of the Russian Federation, link with the global vision of trends in development of so- which I have the honour to represent, law first of all is an ciety, basic principles of justice and rationality in relations important instrument for dealing with current social and between human beings. economic tasks. It is also a set of criteria that lays down the Ladies and gentlemen! On behalf of the Organizing foundation for the development of strategic directions of Committee, I would like to welcome you at the V St. Peters- our activities. It is a compass that can help us find solutions burg International Legal Forum, the topic of which this year to any tasks, starting from approaches to international is The Mission of Law in an Era of Change. cooperation and ending with state procurement rules and Changes mean new risks, and new risks require standards. Given the rapidly changing norms, which just changes. Let us make those changes positive. yesterday seemed unshakeable, we cannot do without I would like to wish you successful work at this such a compass, so we must all protect the law, keep and forum. preserve it. I believe that our mission as lawyers — to protect Dmitry Medvedev, Prime Minister of the Russian the values of law — has not become irrelevant today. I men- Federation: Good afternoon, dear colleagues. tioned it last year when I spoke on this forum and I believe This is already the fifth International Legal Forum. that this idea is still relevant and I hope that the St. Peters- We have all gathered here, in a very beautiful place, which burg International Legal Forum will serve this goal. is very nice and interesting itself. I would like to emphasise In the 21st century, regulation is becoming in- that over these five years, the forum has turned into a very creasingly complicated, fragmented, and at the same time, high-profile platform; I might even say a leading interna- more integrated. In order to maintain legal system in good tional platform, which is demonstrated by the number of condition, we must create new legal frameworks and make participants to this forum. We have more and more partici- decisions, including experimental ones. We make such de- pants each year.
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