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Friday, 19 October 2012

Krysha (Крыша)

Per Gloster J in Berezovsky v Abramovich [2012] EWHC 2463 (Comm)  at paras 51-54:
51. The concept of krysha (literally Russian for "roof") played an important role in this case. The meaning of the concept was effectively common ground as between the respective historical experts and the parties. In a society which is not governed by the rule of law, people devise alternative structures to govern their relations, based not on law but on power. Krysha is an alternative system of obligation; the classic product of a society where businessmen cannot count on the protection of the law, either because the law is itself defective or because the administrative and judicial agencies charged with its enforcement cannot be relied upon to do so. Where there is no effective law, or no effective legal process of enforcement, relationships are governed instead by power. It was common ground among the experts that the situation in Russia in the 1990s and early 2000s was that, although there were laws, the legal processes were defective..
Read more here:http://caselawquotes.net/K/Krysha.html

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