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Project finance is a complex network of contracts. This explains why legal aspects are of paramount importance in deal structuring. The intricacies that lawyers must solve when advising on project finance legal design are complicated by the fact that the legal framework of project finance originated in common law systems. Their task becomes a meticulous search of the available legal instruments in civil law countries that can fit for the purpose.

Introduction: This article proposes a workplace cannabis policy paradigm that encompasses rapidly changing laws and regulations, legally defensible drug testing policies, and the needs of particular workplaces. Numerous states have now decriminalized medical or recreational use of cannabis, although U.S. federal law still defines cannabis as a Schedule I substance with no currently accepted medical use and a high potential for abuse. For employers and employees, the confusion generated by this contradiction is exacerbated by the widely varying effects of the available cannabis delivery systems, the primitive and cumbersome drug testing protocols often used in workplace settings, difficulties in measuring cannabis-related workplace impairment, and a rapidly changing cultural ethos regarding cannabis. Although other articles have addressed many of the broad theoretical constructs, there exists little practical guidance on how workplace drug programs should address cannabis use by employees, both on the job and during off-hours. Materials and Methods: Research for this review was performed in the PubMed/National Library of Medicine database. Discussion: Cannabis use is associated with cognitive deficits, motivation problems, and perceptual distortions, so employers have a legitimate interest in preventing on-the-job impairment related to cannabis use. Similarly, employees have a legitimate interest in behaving as they wish outside of the workplace, as long as that behavior does not affect their job performance. Relevant statues and case law on the subject of cannabis in the workplace reflect different legal models across jurisdictions, in addition to legislators and judges' attempts to manage this tension between employer and employees. Conclusion: An effective workplace cannabis policy must fit into a larger workplace drug and alcohol policy. It should be constructed with a collaborative effort of addiction professionals, labor attorneys, and human resource professionals. Only then can the ultimate workplace cannabis policy comply with relevant laws, protect workplace safety and productivity, and support employees while remaining flexible enough to adapt to changes in the legal environment.

The article considers the recent case-law of the European Court of Human Rights in cases related to the use of the achievements of biomedicine in the light of the implementation of human rights and freedoms provided for by the European Convention on Human Rights and its additional protocols. In fact, the author pays special attention to the case of Boljević v. Serbia , in which the applicant, a Serbian citizen, alleged that his right to respect for private and family life had been violated as a result of the refusal of the Serbian national courts to reopen paternity proceedings, in which the applicant intended to prove, through DNA testing, that Mr. A was his biological father. It has to be mentioned that in this case in the 1970s the Serbian national courts issued final decision according to which Mr. A was not recognized as the applicant's biological father, and the applicant indicated that at that time it was impossible to carry out DNA test and he did not know about the existence of such decision (during the proceedings, the applicant was represented by a lawyer appointed by local authorities, since he was a minor), and that now there is such a possibility. In this connection, the applicant argued that the denial to satisfy his claims on procedural basis by the domestic courts violated his right to family and private life. The ECtHR ruled that Art. 8 of the Convention has been violated. In that case, the issues of compliance with a balance of private and public interests were dealt with (the interests of the applicant to establish his biological father identity and the interests of the state in maintaining legal certainty).

PurposeThe paper aims to examine the effect of corporate governance (CG) on innovation investment, with consideration of ownership types and legal jurisdictions.Design/methodology/approachThe authors' empirical analysis is based on a sample of publicly listed family businesses (FBs) from the top-500-list that matched worldwide with non-family counterparts from 2009 to 2018. The study uses a holistic measure of CG to mitigate the conflicting impact of individual CG components found in prior studies. This measure is applied to examine the moderating role of firm ownership type and legal jurisdiction.FindingsThe authors' results demonstrate that CG positively influences innovation investment. This positive relationship is more pronounced in FBs than in non-family businesses (NFBs) and is more prevalent in civil law economies than in common law economies.Originality/valueThe study holistically examines the effect of CG, capturing the combination of all individual governance mechanisms and their influence on innovation investment. The study further shows that comprehensive CG has diverse impacts on innovation investment when considering family control and legal jurisdiction.

The Court of Justice is once again clarifying the limits of the application of data retention laws – General obligation to retain data exceeds the limits of what is strictly necessary within a democratic society – The national security exception does not preclude a judicial assessment of the legitimacy of its application – The existence of a genuine and specific threat as a premise for the use of untargeted data retention measures – The possibility of searching for the gold standard of data retention based on algorithmic processing – Different perceptions of the Court of Justice position by the referring courts – The Conseil d'État’s position distorts the idea of the protection of fundamental rights that is enshrined in the EU legal order

Globally the developed countries economies exist in conditions of ever-increasing competition. In recent decades, the states whose economy is based on modern technologies, the introduction of innovations and the creation of a favorable environment for their emergence has gained some advantage. Venture investment is an important component of the innovation economy, without which it is difficult to imagine the rapid development of new technologies. Under these conditions, the task of the legal systems of developed countries has become to create a legal framework for venture investment: convenient, transparent and understandable for national and international investors.In Russia, an important stage in the creation of a legal infrastructure for investment was the adoption of the Federal Law “On Investment Partnership” in 2011, designed to provide the investment community with contractual organizational and legal forms of collective investment activity, taking into account the specifics of the implementation of venture (especially risky) business projects. The Russian investment partnership is a direct analogue of the American limited partnership (limited partnership).The paper considers the main advantages of an investment partnership over other forms of collective investment activity, as well as analyzes some aspects of the regulation of investment partnerships in Russia and limited partnerships in the United States. The author concludes that an investment partnership is the optimal form of collective investment activity provided for by Russian legislation. There is no doubt that the general proximity of the construction of an investment partnership and a limited partnership, common in the United States (and other common law countries), makes an investment partnership the most attractive form of attracting foreign investment to the Russian market.

The article presents the results of a study of the recent case law of the Supreme Court’s Economic Court of Cassation as for the grounds for invalidating the rulings of the joint-stock companies’ supervisory boards. Since the law does not define such grounds, the Supreme Court’s practice on this matter is crucial. It is concluded that the rulings of the joint-stock companies’ supervisory boards may be invalidated if there is a violation of the rights and legal interests of shareholders of the joint-stock company as well third parties. The specific grounds for the invalidation are highlighted in the article: excess of the powers by the supervisory board; the incompetence of its composition; failure to notify a shareholder on the appointment of a meeting of the supervisory board; lack of a quorum at a meeting of the supervisory board; other non-compliance with the requirements of legal rules governing the procedure for convening a meeting of the supervisory board and making decisions, if the aforesaid violation entailed the adoption of an incorrect act; violation by the ruling of the supervisory board of the rights and legal interests of shareholders or third parties. The authors propose to provide the above grounds for invalidation of the supervisory board’s ruling by the legislation. Also the ruling of the joint-stock company’s supervisory board made online (if the members of the board are outside the location of the company and the signing of the ruling does not take place on the day of the meeting is not a ground for invalidation of such a ruling.

This article is devoted to evidence and proof in cases of protection of business reputation on the Internet. The legal nature of the concept of “business reputation” is studied. The domestic Ukrainian and foreign experience in considering cases of protection of business reputation on the Internet is studied. The article defines the general principles of protection of business reputation in the domestic legislation, establishes ways to protect business reputation on the Internet in accordance with national legislation and case law. The evidence necessary to confirm the task of damaging a person’s business reputation is characterized, attention is focused on the concept of elec-tronic evidence in civil proceedings in cases of violation of a person’s business reputation. Linguistic expertise is characterized as a way to prove the violation of a person’s business reputation, ways to determine the appropriate defendant in cases of protection of a person’s business reputation are established. Emphasis is placed on the statute of limitations used in cases of protection of business reputation of the person and the procedure for calculating the statute of limitations, emphasizing the inadmissibility of prosecution for making evaluative judgments, defining the legal nature and essence of evaluative judgments. The practice of the Supreme Court of Ukraine on cases of business reputation violations of individuals and legal entities is analyzed, foreign experience in business reputation protection is characterized, the difference between national and foreign experience in business reputation protection is established. Particular attention is paid to the liability of providers for breach of business reputation in accordance with European and US law. According to the analysis, conclusions are formulated on the directions and prospects for improving the current legislation of Ukraine in the field of protection of business reputation.Business reputation is a non-property right of a person guaranteed by the Constitution of Ukraine, which pro-vides for a public assessment of the business qualities of an individual, achievements in sociopolitical, public life, etc. For a legal entity, business reputation is a criterion of successful professional, economic or other activity. Protection of business reputation is a particularly important institution of civil law, because it is a mechanism for restoring the violated non-property rights of the individual. Nowadays, the issue of protection of business reputation is relevant due to violations on the Internet. Thus, the rapid development of information and telecommunications technologies has contributed not only to the emergence of new unlimited opportunities in the world wide web, but also to numerous violations of non-property rights of individuals, including business reputation.

The article is devoted to the issue of the evaluation category of Ukrainian legislation - “extremely unfavorable financial situation”, enshrined in the fourth part of Article 93 of the Family Code of Ukraine, as a basis for declaring a marriage contract invalid in court. The positions of domestic and foreign scholars on the criteria for classifying the position of one of the parties to a marriage contract to an extremely unfavorable financial position are considered. The attempts of legislators to enshrine in the Family Code of Ukraine specific features of extremely unfavorable financial situation under the marriage contract and provided a legal assessment.The practice of the Civil Court of Cassation of the Supreme Court in cases of recognizing a marriage contract as fully or partially invalid due to the extremely unfavorable financial situation of one of the spouses, in particular: 1) in connection with the transfer of all property to one of the spouses (acquired before marriage to another spouse, acquired in marriage, after divorce); 2) in connection with the personal contributions of one of the spouses to the property jointly owned by the spouses or the personal private property of the other spouse (recognition of the per-sonal property of one of the spouses as invested in the construction of a joint house; payment for an apartment by one of the spouses and his relatives, most of which belongs to the other spouse).Based on scientific doctrine, legislative initiatives and case law, it is generalized that there are three main criteria for recognizing an extremely disadvantageous financial situation: an imbalance in the division of marital property; encroachment on the income of one of the spouses to the other spouse; burdensome maintenance of relatives of one of the spouses to the other spouse.It is concluded that it is inexpedient to specify the grounds for recognizing the extraordinary disadvantage of one of the parties to the marriage contract at the level of law. Instead, it is proposed to improve the general provisions on the rights and obligations of spouses, listed in the Family Code of Ukraine, as those that are decisive for the court’s assessment of the position of the parties to the marriage contract.

PurposeThe purpose of this study is to examine the practical and legal complexities associated with tele-homeworking in the context of the UK Equality Law. First, the paper provides a background to the recent growth of tele-homeworking as a result of the COVID-19 pandemic, outlining the tenets of the UK Equality Act 2010 and referring to additional legislation pertinent to the ensuing discussion. Second, illustrative case law relevant to the UK Equality Law is put forward to demonstrate the potential challenges that employers and employees might encounter with continued and longer-term tele-homeworking arrangements. Third, the paper outlines implications for employers and human resource managers in terms of policies and practices that might shape the nature of the employment relationship.Design/methodology/approachThis study is based on a review of the literature and an examination of UK case law applicable to tele-homeworking, taking into consideration equality, diversity and inclusion concerns in the workplace.FindingsRemote working can be beneficial to both employers and employees. However, there are a number of significant concerns surrounding the management of tele-homeworkers in the aftermath of the pandemic that can act as a stimulus for legal disputes around discrimination, infringement of human rights and breach of contract claims. Several policy implications surface from the analysis that relate to equality and fair treatment associated with both current and future work arrangements.Originality/valueThe paper is significant in offering legal insights into how the UK Equality Law relates to the complexities associated with the management of tele-homeworkers. The study also highlights how return-to-office undertakings might need to consider wider legal issues. COVID-19 and its repercussions have demanded the reorganisation of work, which can give rise to a greater possibility of legal challenges and the study highlights the importance of employers undertaking an evaluation of their equality practices and complying with the legal framework.

Artificial intelligence is a widely debated topic, but it is often poorly defined. The purpose of this paper will be to return to the foundations of its functioning: mathematical and statistical formalism. While it works successfully in closed, quantifiable environments, it is far less adapted to open environments like the justice system. Indeed, the use of case law with these methods does not make it possible to enhance the judicial memory faithfully as the judgments that are processed do not necessarily include all of the grounds for a decision. This critique must not obscure another reality, which cuts across our whole society: an emerging project of governance by data, which is likely to call into question the very foundations of our democracies, including the rule of law.

The author considers the specifics of the legal regulation of the use and eviction from official housing, the rights and responsibilities of persons who have legally right to use such housing. The article examines the case law and a thorough analysis of the legislation on the regulation of the use of special housing and the procedure for the use of official housing. The list of persons who could not prohibited without other housing was analyzed. As a result of studying of scientific civilian’s views and concept of “official housing” and the right of a person to receive such housing, was concluded that a person’s right to official housing cannot be equated with the right to housing in general. The right to official housing is directly related to the implementation of a person’s employment functions and the duration of employment. The terms during which a person has the opportunity to apply to the court with a negative claim are considered. It was note that the conclusion of a contract for the rental of official housing is a mandatory basis for moving into housing, so its conclusion is not a significant violation. The analysis of the practice of national courts of Ukraine and the practice of the European Court of Human Rights allows us to conclude that there is no violation of the European Convention for the Protection of Human Rights and Fundamental Freedoms on the need to take into account the balance between public interests. It was conclude that if the owner demands the release of official housing in the manner prescribed by law, it is impossible to speak of a violation of the person’s right to housing.

Recent developments in the commercial marketplace have rendered the classification of trademarks as mere tools for remedying information asymmetry and assuring quality inaccurate. The value of trademarks as communicative tools has increased, and they are now being used by their owners to transmit images, value propositions and associations to consumers in order to drive purchases. However, while this new function of trademarks is a reality that can hardly be ignored, finding a convincing normative justification to legally support its integration into the trademark system remains problematic. Thus, building on the normative justifications advanced by the European Union (EU) to justify extended trademark protection, this paper evaluates the dilutive harm theory, including blurring and tarnishment, in addition to the misappropriation rationale. The paper reviews EU case law in this respect and sheds light on the current muddled state of law in dealing with extended trademark protection. Based on this analysis, the paper offers a workable framework which can be utilized by courts to address cases related to modern trademark functions. The paper concludes that the misappropriation rationale should be the principal ground for extending trademark protection, and that harm resulting from blurring and tarnishment should act as an ancillary for misappropriation claims.

Copyright protection for works of applied art poses certain challenges, primarily due to the functional aspects that they often incorporate. The approach to this predominant attribute, i.e. function, has shaped legal initiatives for copyright protection to works of applied art. In some countries, such as France, the design industry was colored by the prevalence of rather ornamental creations, with an eye toward fidelity to the craft tradition. Copyright law in these countries was able to embrace the applied arts more easily, elevating them to the level of fine arts and reviving the old unity of craft/art. On the other hand, some countries where function and standardization have been paramount, i.e. Germany in particular, have constructed their national strategy, and correspondingly copyright protection, within the framework of another form of unity. Instead of adhering to the old craft tradition, these countries opted for a unity between art, function and industry. This latter form of unity and the predominance of function and industry stamped the modern design to a far greater degree than the former one did. Against this historical-factual background, this article attempts to formulate rough guidelines for the application of a functionality doctrine, which has gradually emerged from the case law of the Court of Justice of the European Union. In line with the unity of art, function and industry, the article suggests to take what is termed a holistic approach to functionality and industry, arguing that a contrary approach would clash with the modern design.

In February 2020, the Supreme Court of Canada rendered a decision—Nevsun Resources Ltd. v. Araya, 2020 SCC 5—that can properly be described as revolutionary. In Nevsun, the court found that a Canadian corporation operating in a host state, Eretria, could be liable under Canadian domestic law for human rights abuses committed in Eritrea under customary international law, as incorporated into Canadian domestic law. The decision merits special attention because it is likely to fundamentally change the relationship between foreign investors, host states and the residents of host states adversely affected by investors’ unlawful conduct which amount to modern slavery.

The transfer of the deceased's debts is a common consequence that arises from the phenomenon of succession in both civil and common law legal systems. In this respect, a number of conflicting interests are at stake: namely, the interest of the beneficiaries that need to be balanced against the interests of the different groups of creditors (the ones of the estate and those of the beneficiaries). Common law legal systems are generally considered as the most creditor friendly, for beneficiaries only receive the residue once the estate is fully wound up. By contrast, civil law legal systems are characterised by the dogma of fusion of patrimonies, where the estate is fused with the beneficiary's patrimony. Taking these aspects into account, the article analyses how creditors’ interests are protected in the most representative European succession laws, with a view to identifying the merits and shortcomings of each of these models.

Entering a new product category or new geographic area may mean adding one or more new competitors with names similar to that of the now-extended brand names those competitors have trademarked or can claim by common law as first users. A company extending its brand therefore may be unable to use its own trademark legally unless it can show the brand extension as a natural expansion. Most such lawsuits settle, but this study uses legal research methods to examine 12 that went to trial. Results show a brand extender most often prevailing in court if and only if (1) its extension into a new product category is seen as similar to its current offerings or (2) its geographic expansion is seen as simply moving into an area in which it already has market presence. By contrast, a firm may lose out to a company already using a similar name for a diverse set of reasons: products differing from their current offerings, differing trademarks, weak marks, or if buyers seem unlikely to encounter both users of the name in question. But no bright line divides winners from losers.

It has been reported that an estimated 100,000 multinational corporations (MNCs) account for about a quarter of the global gross domestic product (GDP), generating a turnover which exceeds, by leaps and bounds, the public budget of many countries. Unfortunately, the manner of operation of the ever-expanding MNCs appears to engender rampant environmental degradation and wanton human rights violations in host nations. Even though frameworks aiming to regulate the activities of these corporations are in place, the effectiveness of the said regulatory mechanisms has been vociferously challenged, time and again, by academics and experts across the globe. Drawing on a range of pertinent case law as well as secondary sources, this article attempts to critically explore, and navigate, the extent to which the existing regulatory frameworks have been effective in holding MNCs accountable for their environment and human rights-related transgressions. The article establishes that the extant regulatory mechanisms have, to some extent, however miniscule, helped to promulgate awareness and inculcate environmental and human rights issues into corporate culture. It, however, demonstrates that these frameworks are grossly inadequate owing to the complex nature of the MNCs, the overtly broad and obscure nature of the existing international instruments and the reeking corruption in domestic political and judicial institutions. It recommends the codification of binding documents, backed by adequate compliance mechanisms, and the creation of an International Court having special jurisdiction over all MNCs.

Ruban O. O. Some aspects of protection of creditors’ rights during bankruptcy proceedings. - Article. The article is devoted to the study of various aspects of protection of creditors’ rights during bankruptcy proceed­ings. The issues of protection of rights and securing creditors’ claims are considered. The changes made to the legislation on insolvency (bankruptcy) are analyzed. In particular, the rules of the Bankruptcy Code of Ukraine. It is noted that the Bank­ruptcy Procedure Code of Ukraine itself does not provide for the conclusion of an amicable agreement during bankruptcy proceedings, and therefore in this case, commercial courts must be guided by the provisions of the Commercial Proce­dure Code of Ukraine. At the stage of disposition of proper­ty, the rights of creditors are protected by various means, including by limiting the debtor’s ability to independently dispose of their property. However, during the property dis­posal procedure, the debtor has the right to satisfy only those creditors’ claims that are not covered by the moratorium. The article stipulates that the case law is governed by the relevant legislation and correctly determines the illegality of the debt­or’s actions to repay accounts payable during the moratorium on satisfaction of creditors’ claims. The Bankruptcy Code of Ukraine stipulates that all creditors, not only bankruptcy, may challenge contracts entered into by the debtor after the opening of bankrupt­cy proceedings or concluded by the debtor within three years before the opening of bankruptcy proceedings, if such damage to the debtor or creditors. Previously, in the Law of Ukraine “On Restoration of Debtor’s Solvency or Recognition of Debtor’s Bankruptcy” this term was limit­ed to one year. It has been proven that the liquidation procedure is less effective than the rehabilitation procedure, because when selling the debtor’s property assets, creditors re­ceive five to ten times less than their book value. On the other hand, liquidation of the debtor is an extreme way of obtaining debt.

The article deals with problematic issues related to the postponement or postponement of the execution of the decision of the International Commercial Arbitration Court. The analysis of the norms contained in Chapter 3 "Recognition and granting permission to enforce the decision of international commercial arbitration" of Chapter 9 of the CPC of Ukraine shows that the legislator imperatively regulates the powers of the court when considering applications for recognition and granting permission to enforce international commercial arbitration. However, in this chapter there is no rule that would allow the court to decide on the postponement or installment of the execution of the decision of international commercial arbitration in the case of granting permission to execute it. However, Article 435 of the CPC of Ukraine, which is placed in Section 6 of the CPC of Ukraine "Procedural issues related to the execution of court decisions in civil cases and decisions of other bodies (officials)", the rules of which are applied at the stage of execution of court decisions in civil cases and decisions of other bodies (officials), establishes the possibility of deciding on the postponement or installment of execution, but the powers in this regard are vested only in the court that considered the case as a court of first instance. The norm identical in content is enshrined in Article 33 of the Law of Ukraine "On Enforcement Proceedings". In this regard, in practice, the question arises: can the court that considered the application for recognition and permission to enforce the decision of international commercial arbitration, be considered a court that considered the case as a court of first instance, and, accordingly, decide on adjournment or deferral of execution of the decision of the international commercial arbitration court? Keywords: postponement of execution of the decision, international commercial arbitration, court practice.

In the work, using general and special scientific research methods, and the specific combination de-pends on the purpose and objectives of the study. The use of methods of formal logic makes it possible to define, clarify and supplement certain concepts and supplement certain terminological categories and, accordingly, to sys-tematize the conceptual and categorical apparatus. Methods of formal logic and logic of essence, as well as methods of analysis and synthesis, deduction and induction, analogy and induction are also used. The scientific novelty of this article is that it is the result of scientific research on a number of problematic issues of the administrative and legal status of ARMA. The author concludes that the administrative and legal status of the National Agency of Ukraine for Detection, Investigation and Management of Assets Obtained from Corruption and Other Crimes is based on powers in the field of property confiscation management and successful implementation of relevant EU practice in Ukrainian legislation. These powers are not just a typical regulatory state activity, they form fundamen-tally new mechanisms of public-private partnership, which have no analogues in Ukraine so far. The consequence of the implementation of these powers was the creation of a new market for services for the management of seized property, as well as a stock market for seized property, different from the market for confiscated property. In the future, it would be interesting to examine the case law on appealing decisions on the transfer of financial assets to the management of ARMA. As well as expanding the powers of the National Agency of Ukraine for the detection, search and management of assets derived from corruption and other crimes

Why consult and empanel, if the respondent can appeal into the void? ‘Appeal into the void’ meant that an appeal could be lodged, but would never be decided in the absence of an Appellate Body to adjudicate it. Since the possibility to appeal has not been repealed, as of 1 January 2020, appealed panel reports have no legal significance. [...]the first-ever WTO dispute involving the national security exception was adjudicated. The panel found that the USDOC had erroneously aggregated export price differences when applying the DPM, but departed from the Appellate Body's previous ruling in US–Washing Machines regarding the use of zeroing and the inclusion of differential prices under Article 2.4.2 of the Anti-Dumping Agreement. [...]Australia identified those subsidies as a ‘particular market situation’ under Article 2.2 of the WTO's Antidumping Agreement and, because of that, disregarded domestic quantities in the computations of the dumping margins.

This scientific article based on the analysis of case law, examines the theoretical and practical aspects of the use of electronic evidence in cases arising from loan agreements concluded in electronic form. Emphasis is placed on process of judicial proving in the most common categories of cases in judicial practice: in civil cases of debt collection under a loan agreement and cases on recognition of such agreements as invalid or unconcluded. The range of legally significant circumstances that are included in the subject of proof in cases of debt collection under a loan agreement is determined. The range of court evidence used in judicial practice to prove to the court the presence or absence of the circumstances of the subject of evidence in these cases is outlined. There is a relationship between the facts of the subject of proof, and the need to study and evaluate court evidence that confirms the fact of concluding a loan agreement only in conjunction with evidence that confirms the transfer of funds to the borrower. It is proved that the fact of concluding a loan agreement cannot be established by a court without establishing the fact of transferring funds to the borrower. There is a contradiction between the provisions of the Law of Ukraine «On Electronic Commerce» and the provisions of the Civil Procedure Code of Ukraine on the classification of evidence submitted in electronic form and/or in the form of paper copies of electronic communications related to electronic transactions, written or electronic evidence, and a method for resolving this contradiction is proposed. It is emphasized the importance for the court to pay special attention to the means of identification of the parties to the electronic transaction to determine the appropriate parties in resolving cases arising from loan agreements concluded through information and telecommunications systems. The conclusion is made about the possibility of procedural complicity on the part of the defendant if in the course of the trial was established that the loan was issued to one person, and the funds under the contract were transferred by the financial institution to another person's bank account.

The article attempts to examine the impact of the intentions of the parties to a business transaction on the fiscal circumstances within the framework of value added tax. Analysis of the Court’s case law allows one to conclude that the economic objective of a contract between the parties to a transaction may be of considerable importance for the determination of the tax effects in VAT. This is because the economic and commercial reality is a fundamental criterion for the operation of the common VAT system, and it should be taken into account. In this respect, significant contractual terms may be important. In addition to the stipulations of the contract between the parties, objective interests of the parties, such as pricing and invoicing, may also be relevant. It is also possible to refer to the economic purpose of supply and the conventional rules and standards applicable in a given field as well as the economic practice.

Background "Clean" dietary labels are often viewed by consumers as referencing products that are minimally processed, without additives, preservatives, artificial colors, or ingredients, but may also be interpreted as vegan, gluten-free, dairy-free, "real," or "natural." Although the "clean" diet trend continues to grow in popularity, there is a lack of consensus regarding the definition and use of this terminology with a corresponding lack of regulation for such labels in the United States. Method This multidisciplinary scoping review examines the public health implications of the "clean" label trend and the legal and policy landscape for regulation. We report on findings from case law and legal research generated through the Westlaw database and from the U.S. Food and Drug Administration (FDA) enforcement actions and website documents to discuss options for federal- and state-level intervention to mitigate harm. Results One feasible avenue for change is for the FDA to provide industry guidance, disseminate public statements to debunk myths, and enforce labeling statutes to police deceptive "clean" labeling claims. We also suggest consumer-protection litigation and state-level litigation via attorneys general as alternative actions to combat the abundant misinformation associated with "clean" diets and labels. Discussion Although the FDA has taken some enforcement actions, these efforts are insufficient given the proliferation of "clean" label products in the marketplace and the potential for adverse impacts on public health including increased risk for disordered eating. The current unregulated, undefined landscape for "clean" dietary labels thus requires urgent action by federal authorities and state attorneys general.

Soft Tissue Filler (STF) Therapy for cosmetic facial rejuvenation is associated with known complications. The manifestation of these known complications can lead to patients commencing civil litigation actions or making complaints to provincial regulatory authorities and alleging that the practitioner failed to obtain the patient’s informed consent to the therapy. Data provided by the Canadian Medical Protective Association (CMPA) on medical-legal cases arising from the provision of STF therapy between 2005 and 2019 are presented. Select reported case law decisions from Canadian courts and regulatory bodies addressing the concept of informed consent are reviewed. Insights about the risk factors pertaining to the process of obtaining informed consent for STF therapy are presented to increase an understanding of the elements of communication and documentation needed to ensure patients are aware of the consequences of this treatment.

Article 14(2) of the Hong Kong National Security Law contains this ouster clause: ‘…decisions made by the Committee [for Safeguarding National Security of the Hong Kong Special Administrative Region] shall not be amenable to judicial review’. Does this make the National Security Committee its own legal island, wholly exempt from judicial oversight of any kind? Not necessarily. This article argues that it may not be as effective as it appears to be in preventing the courts from reviewing the National Security Committee’s decisions. First, in the absence of the clearest and most explicit words, the Hong Kong courts can still construe the ouster clause, in light of the common law construction approach, as only baring judicial review of a valid and lawful decision made by the Committee. This means the Hong Kong courts can still review some decisions. Second, the Hong Kong courts can also justify judicial review by referring to the rule of law, a characteristic feature of the common law in Hong Kong. The rule of law requires that no form of ouster clause, however clear and explicit, could exclude from the supervision of the courts a decision that negates a Hong Kong resident’s right of access to justice.

In this article, we analyse the legal components of disclosing confidential patient information under the UK’s common law duty of confidentiality (CLDoC) and processing personal (health) data under the UK’s General Data Protection Regulation (GDPR) and Data Protection Act 2018. We describe the ostensible divide between the CLDoC and data protection law when it comes to the requirements of a valid signal of consent by a patient to use and disclose patient information, obtained by a health professional in the context of direct care, for health care and health research purposes. Ultimately, our analysis suggests that we are saddled, at least in the medium term, with two regimes operating with different standards of a valid consent—while putatively protecting similar interests. There is, however, opportunity for progress. It is possible to improve professional guidance on the interaction between the regimes and to achieve significant normative alignment without aligning the signalling standard for consent; this would promote consistent protection of reasonable expectations of patients across both regimes. Further coherence would require aligning not only the standard, but also the role played by consent under each regime. Here we argue that, in relation to direct care, any such shift should be away from consent as the normal justification. In relation to health research, on the contrary, it should be toward consent as the normal justification for use and disclosure of patient information under both the CLDoC and data protection law.

The article discusses the reasonableness of introducing into Russian law a new limited real property right to the land plot – the building right, proposed for adoption in the bill on the property law reform. Based on the analysis of the recent case law related to the lease for construction purposes, the author compares this institution with the new building right, examines the shortcomings of the lease and assesses how the building right, as it is drafted in the bill, may contribute to their elimination. The author also assesses the prospects for the property law reform and provides suggestions for possible revision of the regulation of the building right provided for in the bill.

1. Hong Kong is facing a grim future, as the sweeping National Security Law unilaterally imposed by Beijing takes root and government crackdowns on an unprecedented scale cause consternation within...

Background The assessment of patients’ decision-making capacity is ubiquitous in contemporary healthcare. This paper examines the ethics of undisclosed probing of capacity by psychiatrists. The discussion will refer to the law in England and Wales, though the highlighted issues are likely to be relevant in similar jurisdictions. Main text Decision-making capacity is a private attribute, and patients may not necessarily be aware that one of their personal abilities is being explored. Routine exploration of capacity has not historically been a part of psychiatric examination, but it is now difficult to avoid during psychiatric interview.Ethical practice and shared decision-making require patients to be aware that their decision-making may be evaluated by the doctor at some point, and the potential implications of an objective professional conclusion of incapacity. Case law directs that patients should be informed about any assessment of their decision-making ability, though the extent to which this has translated into practice is unclear. However, explanation about the assessment may cause a patient to react negatively, which may impede therapeutic engagement and constitute an ethical dilemma. It is argued that in the absence of systemic measures, professionals should retain the discretion to decide whether a particular patient should be informed about the impending probe into their decision-making ability, or not. In the latter instance, concealment of information about the assessment or its purpose should be subject to the caveats and safeguards associated with any recourse to therapeutic exception. Conclusion The necessity to mandatorily inform patients about assessment of their capacity introduces a novel ethical dilemma for psychiatrists. The negotiation of this dilemma should not be the prerogative of the clinician, and requires systemic initiatives to ensure universal awareness of patients about the possibility of their capacity being assessed during their journeys through healthcare systems.

Forum selection clauses are a common feature in both commercial and consumer contracts. We speak of a party breaching a forum selection clause when he sues in a forum other than the one designated in the clause. Yet, despite the so-called “breach” the innocent party is rarely awarded damages for breach of contract. Why do courts not award the innocent party damages for breach of a forum selection clause? The issue has received little attention in both the case law and academic commentary, with one author musing, “United States courts have not provided any reasoned analysis on the subject of whether a defendant can obtain an award of damages when sued in a foreign court by the plaintiff in breach of the latter’s promise not to do so. This issue has also received scant attention in academic discourse.” This Article seeks to remedy this problem and argues that courts can, and should, award damages in the form of attorneys’ fees for breach of a forum selection clause. Normally, courts and litigants assume that a transfer or dismissal of proceedings is an adequate remedy when a party breaches a forum selection clause. That is, by making the breaching party sue where he said he was going to sue, it appears that the aggrieved party has gotten what he wanted. Unfortunately, it is not so simple. In order to achieve the remedy of transfer or dismissal, the innocent party must sue the breaching party and potentially spend tens—and sometimes hundreds—of thousands of dollars just to force the breaching party to sue in the contractually designated forum. The attorneys’ fees and costs associated with remedying a breach of a forum selection clause should be recoverable as direct damages flowing from the breach. Without damages for the innocent party, the breaching party can breach a forum selection clause with impunity. That is, a breaching party faces absolutely no consequences for breaching the contract, other than agreeing to do what he originally promised to do. There is a potential problem, however. Awarding attorneys’ fees as damages for breach of a forum selection clause appears to circumvent the American Rule, which requires each side to bear their own costs and attorneys’ fees. This Article maintains that attorneys’ fees for breach of a forum selection clause are a form of direct damages, not consequential damages, and therefore not implicated by the rule.

This article explores Japanese transactional lawyers’ attempts to transplant American legal practice concerning corporate acquisition contracts into Japan. Despite their extensive efforts to disseminate legal concepts originating from the common law into the Japanese legal community, their transplantation attempts produced somewhat unexpected results by the promoters of the transplant. Faced with unfamiliar drafting styles and legal concepts, Japanese courts interpreted American-style corporate acquisition contracts in accordance with traditional Japanese-style contract interpretation. As a result, attempts by Japanese practitioners at transplantation were incomplete. This incompleteness is attributable to their inattention to the differences in approaches to contract interpretation between Japanese and New York courts. New York's approach is much more formalistic and literal than Japan's. If fully aware, however, they could have filled the gap by using functional substitutes for American techniques of controlling adjudicators’ contract interpretation which would effectively operate under Japanese law. Japan's experience confirms that a widely supported view in comparative law scholarship that transplanted law does not necessarily operate in the recipient jurisdiction as it did in its host jurisdiction is applicable to the transplantation of contract drafting practices.

The common law doctrine of restraint of trade has a well-established presence in relation to contracts of employment and contracts for the sale of a business. Beyond those specific areas it reared its head from time to time, but the legal test for its applicability was not a model of clarity. Where the covenantor ceded a pre-existing freedom to engage in commercial activity, the decision of the House of Lords in Esso Petroleum Co Ltd v Harper’s Garage (Stourport) Ltd [1968] AC 269 brought it within the doctrine, but the recent decision of the Supreme Court in Peninsula Securities Ltd v Dunnes Stores (Bangor) Ltd [2020] UKSC 36, on appeal from the Northern Ireland Court of Appeal [2018] NICA 7, has discarded that test in favour of one based on the structure of a trading society. Peninsula Securities was a case concerned with the applicability of the restraint of trade doctrine to covenants affecting the ability of a landowner and its successors in title to use the land in a way that potentially competed with the business of an adjoining occupier. The decision that the restraint of trade doctrine was not engaged in these circumstances was set against the power of the Lands Tribunal to modify or extinguish covenants affecting land under article 5 of the Property (NI) Order 1978.

As businesses reopen, the practice of asking customers to sign COVID-19 liability waivers is increasing throughout the United States. Although the courts have not yet decided the enforceability of COVID-19-related liability waivers, existing case law, as well as new executive and legislative actions, suggests that such waivers may offer some protection to businesses from liability. Nevertheless, we believe that the legal and ethical rationales underlying liability waivers are not applicable to a pandemic. We further argue that the challenging nature of and the substantial unknowns about the novel coronavirus make waivers contrary to public policy. Fears over floods of litigation appear thus far unfounded, and businesses should not be relieved from their obligation of taking reasonable safety precautions. Waivers are not a panacea to reopen businesses in an ongoing pandemic, and the ultimate protection against liability is to operate in a manner that minimizes the spread of the virus consistent with evidence-based guidelines.

The purpose of this article is to identify the features of restriction of ownership on the subjects of technology transfer regarding production of medicines and the right to run business on the import of medicines in conditions of conflict and temporary occupation. The methodological basis of the conducted research is the general methods of scientific cognitivism as well as concerning those used in legal science: methods of analysis and synthesis, formal logic, comparative law etc. When determining the legitimate purpose of restriction, it is necessary to apply the principle of proportionality, which is the concordance of measures applied to the above entities in order to limit the exercise of their rights with those public values that are protected by such restriction. On the procedural level, the State having realized the right for withdrawal has to comprehensively inform the General Secretary of the Council of Europe as for the measures taken and the reasons for them, as well as the time when those measures have ceased to apply and the provisions of the Convention are profoundly applied again. As the case law of the European Court of Human Rights shows, the derogation from the obligations under the Convention must have territorial and temporal specifications. The following features of the constitutional and legal regulation of restriction of property rights for subjects of technology transfer to the production of medicines are revealed: 1) restrictions on the implementation of these rights should be provided by the law, which must meet the following requirements: clarity, accuracy, accessibility; 2) the measure is a temporal one; 3) the range of entities in respect of which it is applied to are the subjects of technology transfer being residents of the aggressor country; 4)legitimate purpose of implementation is protection of public values (national security, life and health of persons staying on the territory of Ukraine, territorial integrity, etc.); 5) necessary in democratic society. The following features of the constitutional and legal regulation of restrictions on the right for running business activities regarding import of medicines during conflict and temporary occupation of the part of the territory of Ukraine by the Russian Federation are revealed: 1) restrictions on the exercise of these rights are provided by the Law of Ukraine “On Foreign Economic Activity” from 04.07.2017 №18.1-07/18369, which meets the following requirements: clarity, accuracy, accessibility; 2)the measure is temporal one; 3) the range of entities in respect of which it is applied to is addressed to the applicants of medicinal products, alternative and/or potential manufacturers, applicants-holders of registration certificates of which are the subjects of the Russian Federation; 4) legitimate purpose of implementation is protection of life and health of persons staying on the territory of Ukraine in connection with the impossibility of providing Ukraine with proper control over the quality of production of medicines within the Russian Federation; 5) necessary in democratic society. &nbsp, Мета цієї статті полягає в виявленні особливостей обмеження права власності суб’єктів трансферу технологій у виробництво лікарських засобів та права на здійснення підприємництва з імпорту лікарських засобів в умовах конфлікту та тимчасової окупації. Методологічною основою цього дослідження є загальні та спеціальні методи наукового пізнання: формально-логічний метод, порівняльно-правовий, структурно-логічний, інші. Зазначається, що при визначенні легітимної мети обмеження необхідно застосовувати принцип пропорційності, що полягає у співрозмірності заходів, які застосовуються до вище зазначених суб’єктів з метою обмежити реалізацію їх прав, з тими суспільними цінностями, які захищаються шляхом здійснення такого обмеження. На процедурному рівні, держава, використавши це право на відступ, у повному обсязі повинна інформувати Генерального секретаря Ради Європи про вжиті нею заходи і причини їх вжиття, а також повідомити про час, коли такі заходи перестали застосовуватися, а положення Конвенції знову застосовуються повною мірою. Крім того, як свідчить практика Європейського суду з прав людини, відступ від зобов’язань за Конвенцією повинен мати територіальний і тимчасовий характер. Виявлено такі особливості конституційно-правового регулювання обмеження права власності суб’єктів трансферу технологій у виробництво лікарських засобів: 1) обмеження щодо реалізації цих прав має бути передбачено законом, який має відповідати таким вимогам: ясність, чіткість, доступність; 2) захід є заходом тимчасового характеру; 3) коло суб’єктів, щодо яких засосовується – суб’єкти трансферу технологій - резиденти країни-агресора; 4) легітимна мета здійснення - захист суспільних цінностей (національної безпеки, життя і здоров’я осіб, які перебувають на території України, територіальної цілісності тощо); 5) є необхідним у демократичному суспільстві. Виявлено такі особливості конституційно-правового регулювання обмеження права на здійснення підприємницької діяльності з імпорту лікарських засобів в умовах конфлікту та тимчасової окупації Російською Федерацією частини території України: 1) обмеження щодо реалізації цих прав передбачається Законом України «Про зовнішньоекономічну діяльність», листом Міністерства охорони здоров’я України від 04.07.2017 року №18.1-07/18369, який відповідає таким вимогам: ясність, чіткість, доступність; 2) захід є заходом тимчасового характеру; 3) коло суб’єктів, щодо яких засосовується – адресований заявникам лікарських засобів, альтернативним та/або потенційним виробникам, заявникам-власникам реєстраційних посвідчень яких є суб'єкти Російської Федерації; 4) легітимна мета здійснення – захист життя і здоров’я осіб, які перебувають на території України у зв’язку з неможливістю забезпечення Україною належного контролю за якістю виробництва лікарських засобів в РФ ; 5) є необхідним у демократичному суспільстві. \

Shtefan O. The concept infringement of subjective copyright: a theoreticalaspect. The article examines the problem of protection of subjective copyright at the doctrinal level. The source base analyzed in the article revealed the lack of a unified approach to the definition of copyright infringement, the criteria for classifying infringements and their characteristics. The author 's approach to the solution of the outlined problem is offered in the article.In particular, the proposed following definition of copyright infringement is a culpable, unlawful, punishable act (action or omission) that harms or infringes on the personal non-property and / or property rights of the copyright holders for which the legal liability arises. The basis of protection of rights is called by civil law “non-recognition of rights". Summarizing the existing definitions of this term in the doctrine, the author proposes to understand the non-recognition of rights as a passive denial of a person's copyright to a work, which does not directly harm the subjective right of the copyright subject, but creates uncertainty in the legal status of the holder. including in its relations with third parties regarding the use of the object of copyright.In the article, the author, based on the analysis of case law, examines the misuse of the work, as any use of copyright both within the contract and outside the contract, which violates the property rights and personal non-property rights of copyright subjects. The most common are non-contractual copyright infringements related to the illegal use of works. Such violations include, in particular: posting works on the Internet sites forfree (paid or free) access without the permission of the relevant subject, presentation of works in cafes, bars, restaurants for a fee or without them (without royalty payment), work or part of it in the memory of a mobile phone for a fee or without such, etc. The article concludes that, as a rule, intangible copyrights are infringed at the same time as property rights, is a derivative of infringement of property copyrights related to the useof the work. Therefore, copyright infringement is complex. The article concludes that copyright infringement is complex.Key words: copyright, infringement, classification of infringements, signs of infringement, infringement of subjective copyright.

The COVID-19 pandemic has had a significant impact on human rights. Many rights have been restricted to prevent the spread of infection. The restrictions on private property rights during the pandemic were not so obvious, but no less significant. The massive closure of restaurants, cafes, cinemas and other crowded places has resulted in significant losses for business owners. The question arose about the admissibility of such restrictions on the rights of owners, as well as the need to compensate for the losses caused. The purpose of this article is to study the criteria developed by international practice under which the restriction of property rights is allowed, and approaches to resolving issues of compensation for losses caused to owners when it is necessary to ensure a balance of private and public interests in Ukraine. The article also analyzes approaches to resolving issues of compensation for losses caused to owners as a result of restrictions on their rights, developed in the case law of the United States and Great Britain.

Streaming services now provide the dominant way in which music is distributed and consumed online. Digital rights management (DRM) lies at the heart of this trend and has evolved alongside a movement from copy-based to streaming-based consumption. This shift poses a number of new and unique issues. Music streaming services have changed the nature of the product offered, with musical content becoming de-bundled and reduced to a series of permissions covered by DRM and associated licences, leaving users trapped in a permission-based system. This may create tension with copyright law principles regarding personal ownership and exhaustion of rights in relation to secondary markets, but through analysing relevant US and European case law it can be demonstrated that there is little, if any, legal opportunity for digital secondary markets to emerge. There are also further specific consequences which may affect artists relating to musical diversity and the composition of popular music and, also, consequences regarding the changing nature of the Internet itself. In this context copyright remains centrally important, but only in establishing the initial proprietary rights that enable subsequent DRM and licence-based online exploitation, indicative of a re-establishment of record industry power that is now allied to streaming platforms.