Laboratory Staff at the Kutafin Readings
Maxim Bashkatov, a leading academic staffer at the Laboratory along with fellow Maxim Karliuk delivered presentations at the Second Moscow Legal Forum: the Kutafin Readings, 'State Sovereignty and the Rule of Law: International and National Dimensions', which was held on 2-4 April 2015 at the Kutafin Moscow State Law University (MSLA).
On April 3rd Maxim Bashkatov engaged the 'Modern Banking System and its Way Forward' Roundtable with his presentation on the topic of 'Hybrid Loan Agreements'. The talk was devoted to the atypical contractual structures that can be used to finance innovations. Bashkatov noted inconsistency in the current judicial practice, often compromising the implications for deals, which significantly increases the risks for parties entering into such relationships. Our speaker drew particular critique upon Article 812 of the Civil Code: 'Contesting the Loan Agreement', the theoretical basis of which, coupled with the precedent of its application by the courts, considerably complicates adaption of appropriate financial techniques to Russian real-world facts. Bashkatov also subjected real models of loan agreements to criticism.
Maxim Karliuk participated in the section entitled 'Legal Problems of Regional Integration: Between European and Eurasian Projects of Integration'. Here, Karliuk reviewed the functioning of the new Court of the Eurasian Economic Union (EEUC). Our speaker welcomed the preservation of recourse to the EEUC courts for business entities. At the same time, he drew attention to the significant decrease in power that this court wields in comparison to its predecessor, the EurAsEc Court. This applies, in particular, to the absence of a prejudicial procedure of enquiry and the inability of the Eurasian Economic Commission to go to court over the failure of member states to fulfil their stated obligations as per EEU law. According to Karliuk, these two procedures are what effective EEU law should be founded on, and it should be applied uniformly across all member state territories, which, among other points of reference, is a cornerstone practice of the European Union. The ability of the EEUC to field disputes between member states will not compensate for this deficiency, since in practice this latter process is not quite popular. Thus, given the other shortcomings of the new judicial body, Karliuk concluded that there lies an inability of the EEUC to effectively deliver on its founding principle - the provision of a uniform platform for legal process across all member states of the EEU.
Maxim Karliuk participated in the section entitled 'Legal Problems of Regional Integration: Between European and Eurasian Projects of Integration'. Here, Karliuk reviewed the functioning of the new Court of the Eurasian Economic Union (EEUC). Our speaker welcomed the preservation of recourse to the EEUC courts for business entities. At the same time, he drew attention to the significant decrease in power that this court wields in comparison to its predecessor, the EurAsEc Court. This applies, in particular, to the absence of a prejudicial procedure of enquiry and the inability of the Eurasian Economic Commission to go to court over the failure of member states to fulfil their stated obligations as per EEU law. According to Karliuk, these two procedures are what effective EEU law should be founded on, and it should be applied uniformly across all member state territories, which, among other points of reference, is a cornerstone practice of the European Union. The ability of the EEUC to field disputes between member states will not compensate for this deficiency, since in practice this latter process is not quite popular. Thus, given the other shortcomings of the new judicial body, Karliuk concluded that there lies an inability of the EEUC to effectively deliver on its founding principle - the provision of a uniform platform for legal process across all member states of the EEU.