International Legal Conference at the University of Helsinki

 Over November 19-20, leading researcher at the HSE-Skolkovo Institute for law and development, Kirill Molodyko, passed competitive selection and delivered a scientific report at the University of Helsinki. 

The annual autumn legal conference, organised by the University, this year focused on problems of the courts and was titled "Access to Justice in Eurasia: from regional to global".  In his report, Molodyko focused on the problems of judicial practice of higher courts on disputes between financial institutions and citizens party to consumer lending. According to the speaker, the courts, using their powers to interpret the evaluative concepts of the legislation, in some specific cases, are very well able to find and establish a fair balance between the interests of the borrower and the lender. However, judicial practice is often inconsistent, as our speaker demonstrated through numerous examples of opposing positions expressed in disputes by the same courts, and sometimes even by the same judges.

 

At the same time, the ability of general courts to help borrowers in some situations is limited by overbearing legislation of questionable fairness, which leads to, indeed, credit slavery, the veritable indentured servitude of borrowers. To overcome these peremptory norms, general courts face challenges in connection with the lack of authority of constitutional control. The correction of such problematic situations, according to Kirill, rests within the competence of the constitutional justice, and Parliament.