Sergey A. Sinitsyn
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Institute of expropriation of foreign property: de facto & de jureMoscow University Bulletin. Series 11. Law. 2023. № 3. p.33-54read more896
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Not only Russian, but also foreign modern legal science bypasses the issue of the legal nature of the state’s right to expropriate private property. Its limits and limitations are unclear, as are the guarantees of the right to private property. In most cases, the right to expropriate is perceived as a given and the prerogative of the state. However, it is quite obvious that the principle of the certainty of law presupposes the normative clarity of the regimes and types of expropriation, the conditions for its implementation in relation to other restrictions and methods for the forced termination of the right to private property. In conditions of high turbulence in international relations, the question of the correlation between the norms of international, private international and national (domestic) law in determining the mechanism and legal regime of expropriation is especially relevant. Discussions on the relationship between the legal mechanisms of expropriation and nationalization, on the definition of criteria and the very legal nature of the compensation due to a private owner during expropriation do not leave the agenda. Particularly acute is the question of the grounds and forms of international responsibility of states exercising the right to expropriation, both in violation of the general norms and principles of international law, and special in relation to expropriation in relation to the interests and rights of private owners. The attention of the author is focused on this issue in connection with the emerging negative trends in the development of lawmaking in this area, not only at the national, but also at the international level
Keywords: expropriation and nationalization of foreign property, expropriation as an institution of international, private international and domestic law, guarantees of private property and expropriation, damages and compensation for expropriation
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“Ecologization” as a neo-vector of formation and development of private law of the ХХIst century: general and specificMoscow University Bulletin. Series 11. Law. 2025. № 1. p.3-36read more490
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The changing state of the environment, the constant deterioration of quality and depletion of the planet’s bioresources, the ever-increasing pressure and desire of man to exploit natural resources regardless of the consequences of their depletion to preserve life and biodiversity on earth due to the development of new generation technologies raises the question of the concept, goal-setting, and principles of modern private law. In this regard, there is a need to assess the capabilities of private law in solving environmental problems and challenges of our time. Private law instruments are not always effectively used in this area, and in some cases the potential of private law is completely unrealized. The article raises the urgent problem of “greening” private law, filling the principles of modern civil law with environmental imperatives. On this basis, the ideas about the values of modern private law are expanded, a civilistic qualification of the problems of compensation for environmental damage, the market and circulation of carbon units with a critical assessment of the possibility of classifying them as goods and objects of civil rights, the legal regime of eco-fuels and renewable energy, and the environmental principles of modern industrial property law are given. The author sees the continuation of the dialogue between scientists and practitioners in this area as promising.Keywords: private law and environmental protection, “greening” of private law, carbon units as objects of the market and civil rights, civil liability and environmental damage, bioenergy and private law
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