Areas of interest:
- public private partnerships.
Senior Lecturer at the Department of State and Municipal Management and the North-West Institute of Management, Russian Presidential Academy of National Economy and Public Administration (RANEPA). Laboratory assistant and postgraduate student at the Department of Commercial Law and the Faculty of Law at Saint Petersburg State University.
Earned a bachelor’s degree in state and municipal administration in 2015 and a bachelor’s degree in jurisprudence from the North-West Institute of Management at (RANEPA) in 2016. Earned a master’s degree in state and municipal administration at the Higher School of Management in 2017 and a master’s degree in jurisprudence from the Faculty of Law at Saint Petersburg State University. Recipient of the V. Potanin Foundation Scholarship.
Yeremin V. V. Podkhody k opredeleniyu arbitrabel’nosti: sootnosheniye arbitrabel’nosti, podvedomstvennosti i kompetentsii [Approaches to the determination of arbitrability. Ratios of arbitrability, jurisdiction and competence]. In: Aktual’nyye problemy rossiyskogo prava [Current Problems in Russian Law] 2019. No. 8 (105), pp. 95−107.
Yeremin V. V. Sostavlyayushchiye publichnogo poryadka kak osnovaniye dlya otmeny arbitrazhnogo resheniya i ‘skrytaya privatizatsiya' kak osnovaniye dlya nearbitrabil’nosti spora [Elements of public policy as a basis for canceling arbitration decisions and «hidden privatization» as a basis for the non-arbitrability of a dispute]. In: Treteyskiy sud 2019. No. 1−2. pp. 111−119.
Yeremin V. V. O nekotorykh nedostatkakh pravovogo regulirovaniya gosudarstvenno-chastnogo partnerstva na federal’nom i regional’nom urovnyakh [On several shortcomings of the legal regulation of public-private partnerships at federal and regional levels].In: Yurist 2019. No. 2. pp. 35−40
Justice Public and Private: Their Incompatibility in the Russian Context
Arbitration courts and private justice are institutions of civil society that have only existed in Russia since the democratic reforms of the 1990s. The existing system of state justice provides a mechanism for the issuance and subsequent enforcement of judgments, in which court orders are not issued on behalf of arbitration tribunals.
The present study focuses on the attitudes of judges to arbitration in courts of cassation (district courts and military courts). It is in these instances that positions take shape that are later projected onto all other arbitration courts and are thus practice-forming. The activity of general jurisdiction courts are beyond the scope of this study due to the fact that they only examine an insignificant number of pertinent cases. In cases of issuing a writ of enforcement for the enforcement of decisions of arbitration courts, the number of refusals as a percentage is approximately the same ratio: in 2015 — 22%, in 2016 — 16%, in 2017 — 20% and 2018 — 31% (Khvaley 2019: 64).
Two principle mechanisms have emerged as tools in arbitration cases for Russian courts. These are «arbitrability», meaning formal admissibility of disputes by the arbitration court, and «public policy», a broad category for the protection of public and other interests, allowing judges to resort to extra-legal norms in evaluating arbitration court decisions. All this suggests that the judges have formed a special non-standard attitude to arbitration courts. This position may become the object of sociological research.
The research is performed using following concept: decisions of arbitration courts are often annulled (writs of executions for arbitration court decisions are not issued) for reasons beyond the juridical scope. On the level of arbitration courts of cassation, this process is carried out by the same judges. Judges accrue their own symbolic capital, which they try to keep and increase throughout their careers. In order not to lose this capital, the judges unconsciously allow themselves to be influenced by various factors-their own attitudes, unspoken rules of the game, external influences, and so on. The objective of this study is to specify these factors.