By: Marat Almaganbetov, LexisNexis Russia Head of Business
In our blog
we tell about International Legal Forum in St. Petersburg (Russia). We talk to
Yevgeny Tarlo, doctor of law, professor, Russian senator.
Marat Almaganbetov : Dr. Tarlo, a round
table about Rule of Law was held at the conference. There is much talk about
rule of law in Russia. However Russian companies have their legal proceedings
with other Russian companies in High Court of Justice in London. How it deals
with the rule of law in Russia?
Yevgeny Tarlo: First of all, not all companies solve their legal affairs
abroad. There are only single instances of such assizes. As a rule, we talk
about transnational companies, which cannot be considered to be fully Russian.
Their shareholders who were born in Russia, but now most of them have foreign
citizenship or residence permit in UK, Israel, USA etc.
As a rule, these are big oil corporations that practice
transboundary deals. In this case it is clear why they apply to Stockholm or
London courts of arbitration. Besides, these disputes often appear on the
territory of these countries, because the stock is at LSE or NYSE and the
contracts are fulfilled abroad.
There is also a problem concerning funds transfer pricing,
that results in understating the price inside and earning the largest profit
share outside Russia. Of course it causes to loss of a huge amount of money by
Russian economic legal base was newly formed. Shock of
nineties, lack of legal norms and traditions, as well as lack of state control
caused those unnatural phenomena for any national economy, when national
companies find mediation of their economic disputes abroad. I hope this is a
temporary effect and soon it will be rather an exception than a rule.
MA: Which steps should
be undertaken to help the rule of law to triumph in Russia?
YT: I think, it should start with making all state
institutions to observe the law. If state institutions, judicial system, law
enforcement bodies observe the law, then citizens will have no other options
than observing the law. The violation of law often starts from state. This
is sad but true.
One more remark. To make law observed we need to recondition
the moral atmosphere of the society, restore values: of labor, creation, social
confidence. It creates a base for the
rule of law. When I was a first-year university student I wrote a work about
interrelations between law and public morals. Those relations resemble communicating
vessels. Moral provides base for law but law influences morals. Legal values
should coincide with moral values because moral values have been formed during
longer historical period. Legal norms undergo personal influences and
accidental facts. Sure, moral also has historical roots but it deals with
centuries and millennia.
MA: Thanks for your time.
YT: We look forward to see LexisNexis grow in Russia. Access to global information sources such as
LexisNexis is the only way for developing global economic relations.
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