We are glad to present you the 58th issue of the St. Petersburg International Legal Forum Digest.
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The Business programme of the VII St. Petersburg International Legal Forum will be as usual composed from a variety of different business activities dedicated to the pressing issues in the legal sphere.
Today we have more than 30 preliminary agreements with the future organizers of the discussion sessions during the Forum – the issues to be raised are the traditional topics like antitrust regulation, financial and investment policy, Russian-Asian cooperation, cultural heritage regulation as well as new regulatory issues of modern technologies and their impact on the development of the legal profession. This year the Program will include a special track on bankruptcy – from personal insolvency to cross-border bankruptcy - representatives of international organizations have preliminary confirmed their participation.
We are glad to invite you to participate in the Conference "Russia and China: Partners in Law" which will take place on October 27, 2016 in Moscow.
The conference will be a part of the series of international events held to continue the adopted trend of making the St Petersburg International Legal Forum a leading global venue. The issues raised at the conference and decisions made there will underlie the roundtable discussions at the Forum 2017.
Delegates, who participated in the St. Petersburg International Legal Forum at least once, are entitled to a 10% discount on Conference fee.
Key discussion points:
- Russia-China Rapprochement Vector: Legal Aspects
- Resolution of Disputes through International Commercial Arbitration: Benefits and Drawbacks
- Financial Market and Attracting Investment
- Customs and International Business: One Belt, One Road
Invited to participate:
- Elena Borisenko, First Vice-President, Gazprombank;
- Mikhail Galperin, Deputy Minister of Justice of the Russian Federation;
- Alexander Galushka, Minister for the Development of Russian Far East;
- Kirill Stepanov, Deputy Minister for the Development of Russian Far East;
- Chen Armstrong, Partner, King & Wood Mallesons;
- Daoxiu Huang, Professor of the China University of Political Science and Law, Key Advisor of the DEHENG Law firm;
- Vladislav Koloskov, Deputy Director of Legal Department, Sberbank Russia;
- Ambrose Lam, Managing Partner, LAM, LEE & LAI;
- Yang Li, Professor of the School of Law, Sun Yat-sen University;
- Alexander Molotnikov, Chairman of the Executive Board of the Russia-China Law Society, Associate Professor of Law Faculty of the Lomonosov Moscow State University;
- Linda Yang, Global Partner, Yingke Law Firm.
Should you have any questions, please address them to Delegate Management via email: firstname.lastname@example.org or by phone + 7 (812) 449-36-21
In 2016, SPILF Organizing Committee introduced a new format aimed at expanding the audience of not only viewers, but also participants of the Forum's programme discussions.
The project was called Legal Forum Live: legal communities from Russia and the CIS countries held their own events accompanied by broadcasts of the Forum's sessions. The Forum had 2,000 remote participants from 33 cities.
Together with organizers of the SPILF regional venues, we have summarized events' results and gladly share them with you. Follow our updates.
Tomsk branch of the national NGO, Lawyers’ Association of Russia
The purpose of the International Best Practice of Higher Schooling in Law conference, broadcast live online by the National Research University of Tomsk as part of the Legal Forum Live project on May 18, was to place in the spotlight and debate a range of methodologies for empirically oriented teaching on the different levels of legal higher schooling, with a view towards designing a professional training model for lawyers.
The regional branch of the Russian Lawyers’ Association in Tomsk hosted a roundtable - The Know-how of a Breakthrough: Are the Lawyers Ready? – on May 20 at the School of Law of Tomsk State University.
The experts attending the roundtable shared their vision of how technology changes the world, giving rise to new challenges in jurisprudence.
Senior Lecturer Aleksey Kuchin of the TSU School of Law, who is also Deputy CEO for Legal Support and Corporate Governance at Agrarian Group Management Company OOO, reported on the blockchain technology and the legal complications it may imply. “The aggressive advent of distributed ledgers will require serious legal attention,” he said. “As far as we are concerned, the more interesting aspects of this technology are its enhanced data accuracy and the absence of a single data management hub. This could take us to a new place in transacting and registration/record of various forms of title, but may entail public service job cuts.”
Anzhelika Remez, CEO of Remez & Partners Law Offices, reported on the finer points of the work of a medical attorney. “It is imperative that any attorney who undertakes to defend a patient or a healthcare institution in court be competent in medicine,” she said. “Otherwise the attorney will have a hard time trying to understand the other side or define their client’s needs.” Anzhelika Remez does not think that legal advisory by telephone or online works so well for the patient. Only a physical examination will lead to an accurate diagnosis.
The legal profession is undergoing major changes. Increasing use is made of online counselling and the applications that will draft your lawsuit or contract for you. One law firm in the US has hired the first-ever robot lawyer, who will lead its bankruptcy practice.
Can a robot replace the human lawyer? That was the question Dmitry Lizunov, Managing Partner of LL.C-Law law offices, tried to answer with his presentation. There is a human person behind any technology, he noted. Robots, like computer apps, will handle a range of standard tasks, but the practice of any lawyer is not reducible to standard operations. Every case has to be approached individually, and there is no other way to assure the high quality of the services rendered. Most importantly, any attorney-client relationship is based on mutual trust, so robots will never be able to replace human lawyers.
Notary Public Elena Illi shared her expertise in the use of IT in notarial work. According to her, screenshots, videos and sound recordings on electronic media may be used as evidence in court, and will be attached to the court minutes.
A law firm cannot compete successfully without new technology. The role of the latter is particularly prominent in marketing. It is the job of lawyers today to devise a solid regulatory framework for the use of new technology.
Vologda regional branch of the national NGO, Lawyers’ Association of Russia
The city of Vologda hosted a 6th St. Petersburg International Legal Forum roundtable session on May 19, devoted to the Antitrust Law Enforcement Agenda: International Anti-Cartel Legal Toolkit.
The session was attended by chief of the Vologda Region Office of the Ministry of Justice of Russia E.A. Saburova, Deputy Chief Justice of the Vologda Region Arbitration Court O.P. Loginova, head of the Vologda Region Office of the Federal Department of Court Bailiffs of Russia D.A. Rodionov, head of the Vologda Region Office of the Department of the Courts A.N. Bogpomochev, chief of the Department of Economic Security and Anti-Corruption Enforcement of the Vologda Region Office of the Ministry of Internal Affairs of Russia, Lt. Col. D.V. Vysotsky, members of university staff, officials of the State Department of Vologda Region Government, attorneys and other members of the local professional legal community.
The session was opened by Galina Telegina, Chair of the Chamber of Commerce and Industry of the Vologda Region, Deputy Chair of the Vologda Region Branch of the Lawyers’ Association of Russia, member of the Community Board at the Vologda Region Office of the Ministry of Internal Affairs of Russia.
The guidelines of more humane laws on antitrust administrative enforcement were the subject of the presentation made by Anna Korepina, who chairs the Department of Administrative and Financial Law at the Northwest Institute of Kutafin University (a.k.a. Moscow State Academy of Law). Anna Korepina believes that Russia should learn from international best practice. One of the powerful ways to discourage antitrust violations would be to introduce the institution of Antimonopoly Compliance. This is a priority that Russia would be well advised to legislate.
In his report, devoted to the legal updates brought by the “Fourth Antitrust Package,” Legal Head of the Corporate Relations Department at Severstal Management Vitaly Palabugin cited real-life cases from the antitrust enforcement practice of Severstal Public Company. People and entities always tend to do business together. Thanks to the recently legislated legal changes, entrepreneurs now have better opportunities to partner up on the basis of common interests, subject to the prior permission of the Federal Antimonopoly Service (FAS) of Russia. Palabugin agrees that the definition of “Cartel” needs to be expanded. The classical definition of a cartel presupposes horizontal relations inside a single business activity or industry. No cartel is possible in a vertical vendor-customer relationship.
Anzhela Poteyeva, Chief Justice of Arbitration Appeals Court #14, in her presentation dwelled on certain impediments to the enforcement of the second chapter of Article 14.31 of the Administrative Offenses Code of Russia by arbitration institutions. Firstly, the disposition contemplates two constituent components at the same time. Secondly, the lawmakers have failed to differentiate the liability. Indeed, the levy of a turnover penalty within one article does not allow for personalized punishment. There is a high probability that the commodity market will overlap with the consumer market. The award of a penalty below the bottom limit should be an exception, rather than the rule.
Irina Smyshlyaeva, deputy chief of the Antitrust Compliance and Economic Analysis Department at the Vologda Office of the Federal Antimonopoly Service of Russia, built her presentation on an analysis of arbitration awards. Conceding that the role of FAS of Russia is, indeed, on the rise, Smyshlyaeva suggested that Russia may soon get an antimonopoly code.
Andrey Belousov, Associate Professor of the Department of Enterprise and Labour Law at the Northwest Institute of Kutafin University (Moscow State Academy of Law), spoke on competition in the business of budget air travel.
The right conditions have to be in place to make the business of budget airlines profitable, namely:
- VAT should be cancelled on domestic flights;
- incentives are needed for investing in airport infrastructure;
- airport pricing should be made transparent;
- the list of services available for extra fees should be enlarged;
- subsidized air travel programmes should be enlarged, particularly for regional flights; etc.
Northern (Arctic) Federal University
The Northern (Arctic) Federal University in Arkhangelsk hosted a Legal Forum Live session on May 19.
The keynote presentation, entitled Who will Protect the Business? In-house Legal Dept., Law Firm or Attorney? A Difficult Choice, was delivered by Denis Gudkov, Managing Partner of Gudkov, Korelsky, Smolyarzh Law Offices. Elaborating on the subject, the participants debated the chances of a bar monopoly arising in the wake of the Regulatory Concept for the Market of Professional Legal Assistance. Debate contributions and questions came from Arkhangelsk Region attorneys and practicing lawyers and members of the local business community.
The market of professional legal assistance has to be regulated, but the legislation of a bar monopoly is an extremely delicate issue – was the general conclusion of the participants of Legal Forum Live in Arkhangelsk.
TISBI Institute of Management
TISBI Institute of Management hosted a roundtable on the subject of Modern Educational Policy on the Teaching of Law on May 19 under the auspices of the 6th St. Petersburg International Legal Forum. The event was moderated by R.F. Stepanenko, Doctor of Law, Head of the Department of the Theory and History of Statehood and Law, who made a presentation addressing the issues currently facing higher legal schooling, and the possible ways and prospects of finding workable solutions.
Associate Professor of the Department of Civil Law, S.K. Minnikhanova, spoke on the empirically oriented methodologies for the professional training of lawyers specializing in housing law. “At the present juncture in the development of higher schooling, it is important to improve the teaching of law students in the branches of law dedicated to specific industries,” she said in her presentation.
Y.Y. Komlev, Doctor of Social Science and Professor of Criminal Law, spoke about an emerging interdisciplinary MA programme in Deviance Studies.
E.S. Vainer, Assistant Professor of the Department of the Theory and History of Statehood and Law, highlighted the problems encountered by the custody and guardianship authorities in matters of legal regulation of the rights and freedoms of underage citizens when their parents are separated.
Candidate Doctor of Law A.V. Soldatova discussed the teaching of the fundamentals of the welfare state in universities. The topic of modern educational policy was further elaborated by I.G. Garanina, Senior Lecturer of the Department of Constitutional and International Law, who stressed the nuances of legal tuition in a foreign language.
Other contributions to the roundtable:
- On the Legal Nature of the Edicts of the European Human Rights Court in Contemplation of the Russian Legal System, E.Y. Motrokhin, Candidate Doctor of Law, Senior Lecturer, Department of Constitutional and International Law;
- Nuances in the Teaching Methodology for Criminology at Present Time, A.V. Ivanov, Candidate Doctor of Law, Senior Lecturer, Department of Criminal Law and Process;
- Programming and Delivery of Personal Development Aspects in the Teaching of Private Law, T.I. Lysenko, Candidate Doctor of Law, Senior Lecturer, Department of Enterprise Law;
- Questions Appertaining to the Introduction of a New Subject in the Education of Students, O.F. Sundurova, Candidate Doctor of Law, Chair of the Department of Criminal Law and Process;
- The Quality of Legal Training in Russia as a Factor of Legal Socialization of Students, Y.L. Dmitrieva, Associate Professor, Department of Enterprise Law;
- Vehicles of Overcoming Legal Nihilism in Public Consciousness, L.V. Yun, Assistant Professor, Department of Constitutional and International Law.