Kasyanov R.A., Golovanov A.S. —
International monitoring of elections. Practice of OSCE and Council of Europe
// Law and Politics. – 2018. – ¹ 3.
– P. 22 - 31.
DOI: 10.7256/2454-0706.2018.3.43142
URL: https://en.e-notabene.ru/lamag/article_43142.html
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Abstract: This article is dedicated to the problem that is especially relevant for Russia at the moment. In March of 2018, presidential elections will be held in Russia, and in September – the direct elections of the heads of 17 subjects of Federation, including Moscow mayoral election. In the conditions of aggravation of relations with the West, the results of elections will compel special attention of foreign observers, including possible doubts in legitimacy of decision made by Russians. International monitoring at the elections allows forming a clear idea on the elections. The goal of this article is to reveal the importance of international monitoring of national election. The author also solves other tasks associated with revelation of historical facts, development of the institution of international monitoring of elections; as well as demonstrates the role and specificity of the works of OSCE and Council of Europe. The article examines a number of aspects that have not been previously discussed in the works of Russian authors. It is noted that the international monitoring has become a traditional form of control over the elections held at the various levels. The author makes generalizing conclusions and provides recommendations that can be considered in future organization of the national, regional, and local elections.
Kasyanov R.A. —
MiFID II: Regulation of Financial Trading Facilities in the EU
// Finance and Management. – 2018. – ¹ 2.
– P. 13 - 21.
DOI: 10.25136/2409-7802.2018.2.26067
URL: https://en.e-notabene.ru/flc/article_26067.html
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Abstract: The article is devoted to important changes happening on the global financial market. Based on a particular example of financial regulation, the author of the article examines the process of improving the legal basis of the single European financial market. He notes that the common legal framework of the European Union is extended not only extensively but also intensively due to implementation of new kinds of trading in the financial sphere. The author analyzes the main kinds of trading facilities, in partciular, regulated markets, multilateral trading facilities, and organised trading facilities taking into account the second 'Markets in Financial Instruments Directive' (MiFID II) and 'Markets in Financial Instruments Regulation' (MiFIR). In the course of his analysis Kasyanov has used general and special research methods such as analysis and synthesis, generalisation, comparison, historical and systems approaches. In conclusion the author notes that according to MiFID II organised trading kinds being viewed in this article are in fact trading facilities and thus subject to the provisions of MiFID II and MiFIR. New laws and guidelines are supposed to bring regulation of multilateral trading facilities (MTF) to an advanced level and fill in the gap in regulation of organised trading facilities (OTFs).
Kasyanov R.A., Begicheva K.Y. —
Impact of the new EU rules on activity of the professional parties of third-world countries: analysis of MiFID II and MiFIR
// International Law. – 2018. – ¹ 1.
– P. 35 - 42.
DOI: 10.25136/2644-5514.2018.1.25866
URL: https://en.e-notabene.ru/wl/article_25866.html
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Abstract: The law of the European Union always strongly affected the activity of corporations outside of the Union, and to a certain extent served as an example for the “third-world countries”, in other words, states that are not part of the EU. Currently, special relevance and importance acquires the regulation of the financial market. Result of the large-scale reform of the European Union in the area of finances, which was finally implemented in January of 2018, became the MiFID II “Markets in Financial Instruments Directive” and MiFIR “Markets in Financial Instruments Regulation”. The authors examine the indicated legal acts that generalize and complement the requirements specified for the corporations from the third-world countries. The article applies the dialectical and systemic methods of cognition, as well as the comparative and formal legal methods that allowed to meticulously analyze the law of Russian and EU in the area of regulation of the market of financial services. It is underlined that the European Union established certain norms for the corporation of the third-world countries that realize their activity in the EU or cooperate with the legal entities of the European Union. The commencement of MiFID II and MiFIR significantly matters for the professional parties registered outside of EU. At the same time, it is important whether or not the legal regime of the third-world country is recognized as equivalent to the EU acts.
Kasyanov R.A., Bizyaeva A.A. —
Legal Regulation of Banking Supervision in the EU
// Financial Law and Management. – 2017. – ¹ 4.
– P. 40 - 47.
DOI: 10.7256/2454-0765.2017.4.25542
URL: https://en.e-notabene.ru/flmag/article_25542.html
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Abstract: The subject of the research is the Banking Union of the EU as a new legal phenomenon , in particular, how it has been developing in co-operation with European and national specialized financial institutions as well as international banking laws. The authors place a special emphasis on the description and analysis of historical and legal facts allowing to better understand the nature and main goals of the Banking Union as well as its place in the overall system of financial relations of the EU. The authors demonstrate a close connection between new competent authorities of the Banking Union and European Banking Authority that was created for many purposes including regulation and supervision over the banking sector. The methodological basis of the research implies general and special research methods including historical, dialectical methods, systems approach and formal law method. In the course of their research the authors have made a list of the main legal acts that regulate the development of the Banking Union of the EU and have performed their system analysis. The authors conclude that in the EU financial regulatino has a systemic and complex nature and the Banking Union is just an another topical direction of the EU financial integration that has been quite a success so far.