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Digest 110

April 10, 2019 Subsribe

SPBILF 2019 News

The schedule of the Forum’s events is published on the Forum’s site – pencil the dates in your diary. The Agenda is open for download.

Go to the Agenda ►

See you on May 14-18, 2019!


Media Accreditation

Last days for media to register for the IX SPBILF. Hundreds of journalists from Russia and foreign countries work on the Forum every year to highlight the events of the Forum.

The registration form is available till April, 21 ► Media accreditation


“The market players themselves are able to ensure sustainable progress in the right direction”

The legal services market is highly susceptible to extraneous influences. Apart from the potentiality of direct government regulation, the market is strongly impacted by court rulings on disputes concerning the quality of legal services, compensation for legal defence services, and so forth. The law enforcement agencies, fiscal authorities and insurers each have their own idea of what constitutes due diligence on the part of consultants and their clients. These ideas do not always derive from in-depth knowledge of the market.   

Many issues have amassed over the years with regard to the interoperation between corporate in-house counsels and consultants: pricing, conflict of interest, confidentiality, practice under the pressure of sanctions, and others.

However, the market players themselves are able to ensure sustainable progress in the right direction. To that end, the non-governmental associations of legal professionals ought to focus on identifying cases of best practice and organizing them into a system. These business practices, recognized by civil law as sources of legal authority, when consolidated within a single Code, would help both businesses and the state to build partnering interfaces for the sake of dynamic economic and societal advancement.

Being the leading association for in-house counsels, the not-for-profit partnership Russian Corporate Counsel Association, joining forces with the legal consulting leaders in a first-of-a-kind initiative unparalleled in modern Russian history, has commenced the work to compile a code of best practice and ethical standards through the endeavours of the market players, and already has some initial results to show for it.

These outputs, along with the forward-looking plans to achieve self-regulation of the legal services market and opportunities to consolidate the efforts towards that end, will be discussed at the roundtable hosted by NP RCCA.

“One of the prominent advantages of arbitration is an ability to choose an arbitrator who will professionally resolve the dispute and render a reasoned award”

One of the prominent advantages of arbitration is an ability to choose an arbitrator who will professionally resolve the dispute and render a reasoned award within reasonable terms. At the same time a lot of factors may influence parties’ choice of arbitrator. During the session (panel), it is proposed to consider practical issues of appointment of arbitrators and to discuss practical guidelines and techniques, enabling the arbitrators and the parties to conduct arbitration in the most efficient manner from the very first stage of the constitution of the tribunal until the award is rendered.

The session may be of particular interest to Russian, foreign specialists, international arbitration practitioners, arbitrators, in-house lawyers, judges, and former (retired) judges.

“What should be the balance to make fair decisions on criminal cases in the field of economic crimes”

The main concept of the session is the answer to the question: «What should be the balance of powers of the court, the prosecutor's office, the investigation and the legal profession to make fair decisions on criminal cases in the field of economic crimes?»

Within the session «The balance of powers of the court, prosecution, investigation and advocacy in the field of economic crimes: discussion» an assessment will be made of the reasons for the increased criminal prosecution of economic crimes, despite positive changes in legislation, why only every fifth filed case comes to the verdict and why during the investigation more than 70% of the criminal cases are «falling apart»? For obstruction of lawful business activities by officials for the last time there is not a single real term. How motivated are law enforcement agencies to investigate crimes committed by government officials? Also in the course of the section will be presented the results of an analytical study of trends in the field of criminal prosecution of entrepreneurs of the All-Russian public organization of small and medium-sized businesses «OPORA RUSSIA».

This discussion will be useful both for managers and business owners, as well as for representatives of legal companies.

“Within the session three rounds of debates of supporters and opponents of the stare decisis doctrine’s implementation in Russia are planned”

This year, the SPBILF organized for the first time a discussion session on "Judicial Precedents in Russia: Pro et Contra". It is devoted to the judicial precedent and its role in the modernization of legal regulation in order to adapt the latter to the dynamic renewal of socio-economic relations in the modern world. Among other things, the relevance of the topic is due to the fact that recently the doctrine of binding judicial precedent has been proclaimed for quite a long time in Russia at the level of the supreme judicial power.

Although this doctrine is currently not supported by the higher courts, there is no consensus in the legal community as to whether this doctrine is necessary for Russian law and whether it is possible to practically implement the doctrine of binding judicial precedent in Russia. Possible answers to these questions relate not only to the Russian legal order, but are also of undoubted importance for other jurisdictions of the family of continental law, in which the main source of law is traditionally considered legislation, not judicial lawmaking. At the same time, the legislator does not always have time to respond adequately to the dynamic changes in society and the economy.

The novelty of this session is that it is built on the model of a talk show. Within the session three rounds of debates of supporters and opponents of the stare decisis doctrine’s implementation in Russia are planned. Topic of the first round: Does Russia need the law of precedents? Topic of the second round: Is it possible to implement the law of precedents in a country that is part of the "continental legal family "? Topic of the third round: Is it true that the law of precedents is better adapted to the need for continuous modernization of existing law than a legal system in which the legislation is the dominant source of law?

In each round there are two opponents from among Russian lawyers. At the end of all three rounds, an expert from the common law jurisdiction acts. He sums up the discussion, assesses the arguments of the parties and expresses his own opinion on the point of view which supporters won the discussion.

The expert then gives a lecture on the subject: "The Law of Precedents  in common law jurisdictions and the possibility of transplanting the "doctrine of precedent" into a civil law jurisdiction”. It is also planned that in parallel will be organized on-line voting viewers on the outcome of the discussion. The results of the audience voting will be announced after the expert's speech.

Thus, the main idea of this session is the idea that the truth is born in the dispute.

The discussion within the framework of this session of the Forum will be interesting not only for experts specializing in the field of comparative law, but also for other participants of the Forum, taking into account the growing role of judicial lawmaking in the modernization of existing law in a dynamically changing world.

“To anyone who is interested in the digital economy in the Russian Federation”

The session will review and discuss key principles for the development of intellectual property in terms of:

  • the author and his relationship with society and the digital environment, both in the economic and in the cultural and educational plane;
  • technologies, first of all IP objects in the digital world;
  • evaluation and using of intellectual rights and data (information) as the main assets of the digital economy;
  • development of society and its readiness to consume intellectual and (or) creative products.

We recommend to attend the session to anyone who is interested in the digital economy in the Russian Federation and the development of a digital infrastructure for managing intellectual property.

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