Remaking the Role of Law Commercial Law in Russia and the CIS

Author: Kathryn Hendley
Publisher: Juris Publishing
ISBN: 9781578232192
Published In: February 2007
Format: Hardback , 315 pages
Jurisdiction: Russia ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents
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This book contains the papers prepared for the conference, "Commercial Law Reform in Russia and Eurasia", which was held at the Kennan Institute of the Woodrow Wilson International Center for Scholars in Washington, D.C., on April 8-9, 2004. The conference was organized by the Russia, East European, and Eurasian Center (REEC) at the University of Illinois at Urbana-Champaign (UIUC) and the Kennan Institute. They have been revised and updated for publication in this volume. The participants came together for two purposes. The first was to analyze and discuss the current state of commercial law reform in the former Soviet Union. The second was to honor Professor Peter B. Maggshthe Clifford M. and Bette A. Carney Chair in Law, University of Illinois at Urbana-Champaign.
PART ONE THE POLITICAL CHALLENGES OF REFORMING COMMERCIAL LAW

CHAPTER 1
Threats of Judicial Counterreform in Putin’s Russia
By Peter H. Solomon, Jr.

CHAPTER 2
The Government Bureaucracy, Corruption and Organized Crime: Impact on the Business Community?
By Louise I. Shelley

PART TWO THE BASIC FRAMEWORK FOR COMMERCIAL LAW IN THE CIS

CHAPTER 3
Civil Legislation in the Soviet Planned Economy and in the Russian Market Economy
By Alexander L. Makovskii

CHAPTER 4
The New Civil Code of Ukraine 2003: Main Features, Role in the Market Economy and Current Difficulties in Implementation
By Anatoly Dovgert

CHAPTER 5
Transactions Involving Immovable Property Under Russian Law
By Oksana Kozyr

CHAPTER 6
New Trends in the Development of Russian Private International Law
By Alexei N. Zhiltsov

PART THREE ASSESSING THE IMPACT OF KEY REFORMS

CHAPTER 7
Lowering the Barriers for Entry for Small Business in Russia: Is the 2001 Law on the Registration of Juridical Persons Making a Difference?
By Eugene Huskey

CHAPTER 8
Handling Economic Disputes in Russia: The Impact of the 2002 Arbitrazh Procedure Code
By Kathryn Hendley

CHAPTER 9
Creating Effective Administrative Enforcement: The Case of the Russian Competition Authority
By Sarah J. Reynolds

CHAPTER 10
Legal Persons and Compensation for Harm to Business Reputation: The Civil Code, Judicial Practice, and Freedom of the Press
By Peter Krug

PART FOUR THE IMPACT OF REFORMS ON FOREIGN INVESTMENT

CHAPTER 11
The Fate and Future of the 1972 Moscow Convention
By William E. Butler

CHAPTER 12
The Law on Foreign Investments in Kazakhstan
By Anatoly Didenko

CHAPTER 13
Enforcement of International Commercial Arbitration Awards in Russia
By Hiroshi Oda

Index
About the Editor:
Kathryn Hendley is the William Voss-Bascom Professor of Law and Political Science at the University of Wisconsin-Madison. Her research focuses on legal and economic reform in the former Soviet Union and on how law is actually experienced and used by economic actors in Russia. Her research has been supported by grants from the National Science Foundation, the Social Science Research Council, the National Council for Eurasian and East European Research, and the International Research and Exchanges Board. She has been a visiting fellow at the Woodrow Wilson Center and the Kellogg Institute for International Affairs at Notre Dame University. She has published widely in journals such asThe American Journal of Comparative Law, The Law & Society Review, and Law and Social Inquiry.

About the Contributors:
- William E. Butler, formerly of University College London, is the John Edward Fowler Distinguished Professor of Law at Penn State University's Dickinson School of Law.
- Anatoly Didenko is Professor of Civil Law and Head of the Department of Civil Law at Kazakh Humanitarian Law University in Almaty, Kazakhstan.
- Anatoly Dovgert is Professor and Head of Private International Law in the Institute of International Relations at the National Taras Shevchenko University of Kyiv, Ukraine.
- Eugene Huskey is the William R. Kenan, Jr. Professor of Political Science and Russian Studies, Stetson University.
- Oksana Kozyr is Head of the Civil Code Department at the Private Law Research Center under the President of the Russian Federation (Moscow).
- Peter Krug is Professor and Herman G. Kaiser Foundation Chair in International Law, University of Oklahoma.
- Alexander L. Makovskii is First Deputy Chairman of the Board of the Private Law Research Center under the President of the Russian Federation (Moscow) and Chairman of the Board, The Scientific and Consultative Center for Private Law in the CIS.
- Hiroshi Oda is the Sir Ernest Satow Professor of Japanese Law, University of London (UCL); Professor, College of Europe, Bruges, Belgium; attorney-at-law (Japan); member of the ICC International Court of Arbitration; LLD (University of Tokyo, Japan).
- Sarah Reynolds conducts a private consulting practice, through S.J. Reynolds Associates, and conducts research as an independent comparative law scholar. Her consulting work focuses on public sector efforts to reform and strengthen legal institutions.
- Louise Shelley is the Founder and Director of the Transnational Crime and Corruption Center (TraCCC) and a Professor in the School of International Service and in the Department of Justice, Law and Society at American University.
- Peter Solomon is Professor of Political Science and Law, University of Toronto, Canada.
- Alexei Zhiltsov is Head of the Comparative and Private International Law Department at the Private Law Research Center under the President of the Russian Federation (Moscow) and is an Associate Partner at the law firm "Intra" in Moscow.