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The Russian-French Discussion Session «Economic Attractiveness of Law»

The discussion was moderated by Yuriy Lyubimov, Deputy Chief of the Government Staff of the Russian Federation. The list of speakers consisted of Valerie Delnaud, Public Law Professor at the University of Paris I Pantheon-Sorbonne, Deputy Head of the Civil Affairs and Seals of the Ministry of Justice of the French Republic; Marc Valery Denoix de Saint, August Debouzy Partner; Yuriy Ivanenko, Judge of the Supreme Court of the Russian Federation; Viktoria Manko, General Director of the International and Comparative Law Research Center; Paul Netter, President of the Court of Commerce of Paris; Sylvaine Marie Poillot Peruzzetto, Justice of the Court of Cassation of France; Igor Renz, Professor of the Ural State Law University and Irina Salamatina, Acting Director of Legislation Development Department of the Ministry of Justice of the Russian Federation.

According to the moderator of the discussion Yuriy Lyubimov, legal systems of Russia and France have much in common. «It’s clear that a lot of problems faced by the legal systems of our countries are also common. First, we are all living in the era marked by international trends of technological development, of the transition of our whole life to electronic basis. We are facing not only technological, but also new social challenges. These are the global processes which are taking place on our planet. We are facing common environmental and ecological challenges. Finally, we are facing a new geopolitical reality that affects the legal system as well. For us, for Russia and for France, extraterritorial application of third countries’ law is indeed a serious problem», — said Yuriy Lyubimov. 

Sylvaine Marie Poillot Peruzzetto in her turn talked about specific features of French law. She underscored that French law is open enough to be able to respond to the challenges of modern time. «One of such challenges was an economic issue. <…> Our law, based on a civilized approach, has also imbibed an economic approach that has to do with legislation concerning monopolies, with competition legislation. Secondly, this economic approach has an impact on former branches and spheres of our law, and our law of obligation is also linked to this economic approach», — she explained.

The Justice of the Court of Cassation Of France stressed that alongside with openness, the law remains an important value for the French people, because «it allows to dream of a better life».

Yuriy Ivanenko, Judge of the Supreme Court of the Russian Federation, talked about the ways to obtain economic freedom in the modern society. «Any economic freedom has to do with the absence of administrative barriers, or with minimizing their number in the interests of the public, with no abuse of law by the participants of civil law transaction. <…> In the modern world we are witnessing a competition of national jurisdictions, and the Russian Federation, as well as other law-based States, is interested in the attractiveness of its law system for the development of business», — emphasized the expert.

He elaborated on the possibility of contesting regulatory legal acts, which exists in Russian law. «In administrative process a plaintiff when applying to court does not have to prove the illegal nature and frivolousness of the act in question. He just needs to provide information that it violates his rights or that there is a risk of such violation. And unlike in other legal orders, we have a right not to wait until this act is applied. The current Administrative Justice Code provides for the possibility to contest the act in court by the actor that regulates this act. Thus, in this case preventive protection from a potential risk of the violation of law is used», — said the Judge of the Supreme Court of the Russian Federation.

Paul Netter, President of the Court of Commerce of Paris, continued the conversation on differences in legal systems with a talk on the operation of trade courts in France, as they only exist in this country for settling disputes between enterprises. «The point is that we are talking about different spheres of legal affairs. For instance, we are discussing the issue of predictability of judgments. <…> The judge who examines a dispute needs to understand what it is essentially about and what is the nature of the problem submitted to him. Trade courts are the institutions that only exist in French law. Thus, when we are talking about the attractiveness of a legal system, alongside with classical problems of predictability of judgments and possible expenses on legal proceedings it is essential to discuss the following question: will the judge understand the dispute submitted to him? Will he understand the nature of this dispute? That is what trade courts were created for», — said the President of the Court of Commerce of Paris.

St. Petersburg International Legal Forum is taking place from the 14th till the 18th of May in the eastern wing of the General Staff Building of the State Hermitage. It is being held with the support of the President of the Russian Federation and the Ministry of Justice of the Russian Federation.