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Магистратура 2021/2022

Правовые аспекты международного бизнеса

Направление: 38.04.02. Менеджмент
Когда читается: 2-й курс, 1, 2 модуль
Формат изучения: без онлайн-курса
Охват аудитории: для своего кампуса
Прогр. обучения: Международный бизнес
Язык: английский
Кредиты: 6

Course Syllabus

Abstract

The course aims at comprehensive study of the fundamentals of jurisprudence, specifically the basic legal notions and institutions that are of special importance in international business and management. The goal of the course is also to form ideas on interactions between particular elements of the legal, financial systems and business models and strategies of the Russian Federation and other jurisdictions, both at the macro-level (governmental policy and regulation) and micro-level (corporate and entrepreneurial issues). Moreover, the purpose of the course is to develop professional skills necessary for practical activities, such as correct and relevant application of the legal acts, comprehensive legal analysis of institutions and cases arising in a day-to-day business practice.
Learning Objectives

Learning Objectives

  • comprehensive study of the fundamentals of jurisprudence, specifically the basic legal notions and institutions that are of special importance in international business and management
Expected Learning Outcomes

Expected Learning Outcomes

  • know basic notions, categories, institutions and subjects of study within the main sections of the course
  • know be able to explain them and give examples of similar cases in actual business practice
  • know main features of the legal regulation of business activity
  • know specific legal aspects of certain types of contracts and obligations used in entrepreneurial and corporate practices
  • know legal characteristics of the corporate property
  • know features common for transnational business practices (in terms of their economic nature and legal status)
  • Be able to use the course terminology when discussing theoretical and practical issues
  • be able to evaluate the effectiveness of administrative and judicial decisions
  • be able to conduct brief legal studies in relevant business fields
  • be able to set goals and tasks related to the performance of professional functions
  • be able to analyze situations and facts taking into account acquired skills and knowledge
  • be able to reflect on the content of legal acts and apply them for managerial and entrepreneurial tasks
  • Have the following skills adequate use of relevant theories, categories and legal norms
  • Have the following skills drafting and conclusion of international commercial contracts
  • Have the following skills drafting the negotiations strategy
Course Contents

Course Contents

  • Basics of Legal Regulatory Mechanisms. Formation of a legal norm. Types of norms. National and International levels of regulation. Subjects of Law: features and legal status
    Historical evolution of legal systems, foundation of legal regulation. Principal division into private and public law. State, society and law. Subjects and objects of law. Brief description of individuals, corporations and governments as participants of contemporary business relations, legal capacity, restrictions. Rule of law. System of law. Branches of public law: a brief description. Branches of private law: a brief description. Legal norms: law-making process at micro-level. Types of norms (material, procedural, conflict of laws rule). Legal relations, their elements and structure. Legal facts. The subject and method of legal regulation. Main characteristics of International Private Law. Law, economics and business: interrelations and impact. Economic policy of a state, legal regulation and boundaries. Entrepreneurs. Legal entities: the concept and general characteristics. Branches and representative offices. Commercial and non-profit organizations. Foundation, state registration, reorganization, liquidation of legal entities. Multi-level companies. Group of companies.
  • Alternative non-governmental regulation methods: self-regulation and lex mercatoria. International Soft Law and Sustainable Development: the Role of International Business
  • Transactions and Contracts. Basic Private Law terms and unified rules. Primary conditions of International trade contracts
    General principles of Private law. Concept of a transaction. “Transaction” as an economic category. Requirements for validation of transactions. Forms of transactions. Valid and void transactions. Null and void transactions, legal consequences of invalid transactions. Concept of an obligation. Contractual and non-contractual obligations. Parties to an obligation: the debtor and the creditor. Performance of obligations. Replacement of parties to an obligation. Debt transfer and cession. Ways of ensuring obligations’ performance. Main features of civil liability. Responsibility for failure to perform or improper performance of contractual obligations. Recovery of damages in respect of direct actual damage. The basic legal notion “contract”. Role and value of contracts in business practice. Main elements of a contract. Types of contracts. The approximate structure of the contract. Conclusion, amendment and cancellation of a contract.
  • Dispute resolution methods. Negotiations, mediation. International Commercial Arbitration. Rules of State Civil Procedure: pro et contra
  • Financial markets, investment and State Regulation. Banking services market. Insurance market. Securities market. Global Legal and Organizational Response to money laundering, corruption and financing of terrorism. Legal framework for investment activities. State guarantees. Types of foreign investment
    The concept of “financial market”. Subjects of financial markets. Banking services market. Insurance services market. Securities market. Requirements for the subjects of the securities market. Concept and correlation of activities, operations, actions and transactions in the stock market. The concept, content and types of professional activities in the securities market. The concept and types of transactions at the stock market (issuance of securities, investment and client transactions). The state regulator and its powers. Self-regulation on financial markets. Basic standards. Responsibility at financial markets. Legal framework for investment activities. The concept of investment and investment activity. Stages and types of investment activities. Features of the legal status of the investor. State regulation of investment activities. The main directions of state regulation of investment activities. State guarantees. Investment agreement. Legal regulation of foreign investment in Russia. Types of foreign investment. Foreign investor concept. State regulation of the activities of foreign investors. Specifics of certain forms of foreign investors' activities on the territory of the Russian Federation. Features of legal status and procedures for the establishment of representative offices of foreign legal entities.
  • Antitrust Law. Restrictions of monopolistic activities at commodity markets. Unlawful/unfair competition: the concept and types of unfair competition. Legal consequences of violation of antitrust legislation
    Restriction of monopolistic activities at commodity markets. The concept of competition. Competition principles and means of their implementation. Types of violations in the field of antitrust legislation. The concept and features of monopolistic activity at commodity markets. Types of monopolistic activity. Abuse of dominance. Agreements and concerted actions. Unlawful/unfair competition: the concept and types of unfair competition. Unfair competition and advertising. Legal consequences of violation of antitrust legislation. Powers of governmental agencies. Governmental control over economic concentration. Types of liability for violation of antitrust legislation.
  • The concept of intellectual property. Legal regulation.
    Intangible assets, their role in the modern business world. Intangibles and intellectual capital. Intangible assets and their legal protection. Types of intellectual property. Industrial property. Inventions, utility models, industrial designs. Means of individualization and “know-how” as the most important intellectual property for business purposes. The concept of "brand" and "means of individualization": similarities and differences. Concept of “commercial name”. The correlation between commercial name, commercial designation and trademark. Intellectual Property Rights on the Internet. Software rights product as an object of intellectual property.
  • Legal responsibility for economic offences. Basics of Administrative and Criminal Law
    Public governmental restrictions on business activities. Basics of administrative and criminal law. The concept of governmental control and restrictions. Licensing of individual types of activities. Antitrust laws. General characteristics of the main institutions of administrative law. Brief characteristic of criminal law. Administrative and criminal liability of entrepreneurs.
Assessment Elements

Assessment Elements

  • non-blocking Test
  • non-blocking In-class Participation
  • non-blocking Exam
    Examination assignment is performed in a written form during the end-of-term period. Written examination assignment is carried out in the classroom (online conference room) in lecturer’s presence, implies resolution of two (2) practical cases based on the materials of judicial practice, allows students to demonstrate the knowledge and skills acquired during the course. The task should be completed within two academic hours (120 minutes)
Interim Assessment

Interim Assessment

  • Interim assessment (2 module)
    0.4 * Exam + 0.29 * In-class Participation + 0.31 * Test
Bibliography

Bibliography

Recommended Core Bibliography

  • Jaap Hage, Antonia Waltermann, & Bram Akkermans. (2017). Introduction to Law (Vol. 2nd ed. 2017). Springer.
  • Richard Appelbaum, William Felstiner, & Volkmar Gessner. (2001). Rules and Networks : The Legal Culture of Global Business Transactions. Hart Publishing.

Recommended Additional Bibliography

  • Gerard Caprio Jr, Douglas D Evanoff, & George G Kaufman. (2006). Cross-border Banking: Regulatory Challenges. World Scientific.
  • Marson, J. (2011). Business Law: Vol. Second edition. OUP Oxford.