Ganeva E.O. —
Challenging of the debtors transactions in bankruptcy proceedings
// Law and Politics. – 2024. – ¹ 11.
– P. 63 - 76.
DOI: 10.7256/2454-0706.2024.11.72282
URL: https://en.e-notabene.ru/lpmag/article_72282.html
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Abstract: In this article, the focus is directed to identifying legal concerns of challenging of the debtors transactions in bankruptcy proceedings. The issues of definition of transaction which is subjected to challenging in bankruptcy, the particularities of such acts as abandonment of a claim and conclusion of an amicable agreement are identified and addressed; the specificity of challenging of a chain of transactions in bankruptcy and particular acts on the implementation of the contract are determined. The problem of dual qualification of transactions, which are challenging under special bankruptcy grounds and in accordance with general rules of Civil Code of the Russian Federation about invalidity of transactions is highlighted in the article. Methods of formal logic (analysis, synthesis, deduction, induction), methods of systematic research and technical-legal analysis, dialectical and formal-legal methods make it possible to the author to identify theoretical and practical legal problems related to challenging of debtors transactions and the existing approaches to their resolution. It's concluded that broad interpretation must not be applied in cases which are not connected to bankruptcy. The opportunity of challenging of acts that are provided by Bankruptcy Law must not be applied to legal relations which are not complicated by bankruptcy. Challenging of a chain of transactions requires a certain approach (dual qualification). We mustn't limit to an assessment of particular execution without the scope of the whole legal relations between parties during challenging acts of execution of the contract. If the transaction has signs of the invalidity under special bankruptcy grounds, its qualification by articles 10, 168 of Civil Code of The Russian Federation is unacceptable. But dual qualification during challenging in bankruptcy is acceptable if we apply provisions of Bankruptcy Law and article 170 of Civil Code of the Russian Federation.
Kolobov R.Y., Ditsevich Y.B., Ganeva E.O., Borodin L.V. —
The Potential of International Law for Regulating Tourist Relations at the World Heritage Site Lake Baikal
// Politics and Society. – 2023. – ¹ 3.
– P. 49 - 60.
DOI: 10.7256/2454-0684.2023.3.43805
URL: https://en.e-notabene.ru/psmag/article_43805.html
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Abstract: The research subject in this article is the international and national practice of regulation and implementation of activities in the field of tourism in the Central Ecological zone of the Baikal Natural Territory. Based on the materials from the authorities as part of the analysis of the impact of tourism activities on the ecosystem of the "Lake Baikal" World Heritage site, conclusions are formulated about the possibility of deterioration of its ecological state and the emergence of social tension in the event of an increase in the number of tourists on its shores. The content of guidelines on the organization of tourism at UNESCO World Heritage sites is disclosed, and the most successful international practices of tourism management are correlated with the implementation of regional programs for the development and organization of sustainable tourism. The conclusion is formulated about the importance of collecting information about the tourist infrastructure and statistical data. The program documents defining the policy in the field of tourism in the Central ecological zone of the Baikal Natural Territory are analyzed, and the conclusion is made that there is no unified strategy for the development of Baikal as a World Heritage site. The factor of significant influence and participation of the local population in the implementation of tourist activities is noted, and the need for the involvement of the local population in the planning of tourist activities is indicated. The main content of the Global Initiative to Reduce Plastic Consumption in Tourism and recommendations for improving procurement activities in the tourism sector are revealed. The problem of compliance with moral and ethical requirements by stakeholders in tourism is noted as an underestimated problem. The study resulted in recommendations both on the modernization of the existing domestic regulatory framework and the development of new documents in the field of sustainable tourism.
Kolobov R.Y., Ganeva E.O., Kholmogorova E.N., Makarenko E.K. —
The practice of protecting World Natural Heritage sites in Canada
// International Law and International Organizations. – 2022. – ¹ 3.
– P. 1 - 14.
DOI: 10.7256/2454-0633.2022.3.38525
URL: https://en.e-notabene.ru/mpmag/article_38525.html
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Abstract: A comparative analysis of the organizational and legal foundations of the protection of World Natural Heritage sites in Canada and the Russian Federation (on the example of Lake Baikal) is presented. The legal positions of the World Heritage Committee on the implementation of international obligations for the preservation of World Natural Heritage sites are analyzed. The problem of formal definiteness of the boundaries of World Heritage sites and awareness of them by the public and government bodies is highlighted. The question of the expediency of excluding the territories of settlements from the World Heritage sites is being investigated. The approaches of the World Heritage Committee to the implementation of extractive industry and hydropower projects both within the boundaries of World Heritage sites and in adjacent territories are considered. As a way of implementing the international legal regime for the protection of unique natural objects, the regime of the buffer zone of the World Heritage site receives a positive assessment, however, there is a lack of elaboration of this concept. Proposals are formulated on possible measures of an intra-national nature aimed at solving issues of protection of territories bordering on World Heritage sites (transfer to the federal level of the decision on the creation of protected areas in order to fulfill international obligations; formation of a protected zone of the World Heritage site). The importance of environmental assessment as a standard of international legal protection of unique natural objects and the need for its more detailed regulation in national legislation are stated. Attention is focused on the position of the World Heritage Committee on the issue of taking into account the views of the local population and indigenous peoples in the management and protection of World Natural Heritage sites.
Kolobov R.Y., Ganeva E.O., Suvorova A.V. —
The Practice of Protecting World Natural Heritage Sites in Africa
// International Law. – 2022. – ¹ 3.
– P. 42 - 53.
DOI: 10.25136/2644-5514.2022.3.38691
URL: https://en.e-notabene.ru/wl/article_38691.html
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Abstract: The article presents an analysis of the practice of protecting World Natural Heritage sites "Manovo-Gounda-Saint-Floris National Park" (Central African Republic) and "National Parks on Lake Turkana" (Kenya). The most typical problems for African States in the preservation of unique natural sites are noted, the legal positions of the World Heritage Committee on the implementation of international obligations for the preservation of World Natural Heritage sites are considered, in which such problems are legally reflected. The problems of finding sources of financing for environmental protection activities in African countries, as well as the lack of human resources to ensure effective management of World Natural Heritage sites are highlighted. The approaches of the World Heritage Committee to the implementation of projects for the construction of hydroelectric power plants affecting the ecosystem of Lake Turkana are considered. The novelty of this work is predetermined by the shortage of specialized studies devoted to the fulfillment by foreign states of international obligations to protect world natural heritage sites in domestic legal science. The analysis of the experience of protecting World Natural Heritage sites in African countries allows us to summarize the conclusions significant for the Russian practice of protecting World Heritage sites, extrapolate them to the problems of protecting the World Heritage site "Lake Baikal", as well as formulate new proposals and approaches to improving environmental policy in this area. Noting the important role of the World Heritage Convention in the development of hydropower, there is an obvious need for the early formation of an international regulatory framework with border foreign states.
Kolobov R.Y., Ganeva E.O. —
Features of legal protection of some World Natural Heritage sites in Bulgaria
// International Law. – 2022. – ¹ 2.
– P. 10 - 27.
DOI: 10.25136/2644-5514.2022.2.37995
URL: https://en.e-notabene.ru/wl/article_37995.html
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Abstract: The subject of the research in the framework of this article is the practice of Bulgaria's fulfillment of international obligations to protect such natural heritage sites as the Pirin National Park and the Srebyrna Nature Reserve. The features of the development of the ecological state of the specially protected natural territories under study are considered, the problems of their legal protection are identified, and the main measures that have allowed preventing the degradation of unique natural complexes, in particular, the application of the management plan for specially protected territories in the Republic of Bulgaria, are analyzed. The issues concerning the boundaries of the World Heritage sites under consideration and the procedure for their determination are investigated, the possibility of extending the buffer zone regime to the territories excluded from the World Heritage site Lake Baikal is assessed. The analysis of the experience of cooperation between the authorities of the Republic of Bulgaria and the World Heritage protection system in relation to the Pirin National Park and the Srebyrna Nature Reserve allows us to recognize the effectiveness of interaction between national and international means of nature protection. Using the comparative legal method of research, it is concluded that the positive experience of Bulgaria can be applied in solving the problems of protecting the World Heritage site Lake Baikal, including the establishment of a requirement at the level of law to prepare management plans. Based on the results of the analysis, the authors formulated recommendations for improving the domestic regulatory framework in the field of protection of World Heritage sites.