Magazine content за Июль 2010 г.
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ARCHIVE FOR 2010    RUSSIAN

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Июль 2010

CONTENT

 

AT THE FEDERAL ARBITRATION COURT OF THE URAL DISTRICT

Official current news

 

Extract from the minutes of meeting as of 05.07.2010 No 2 of the Working Group on discussion matters arising in the practice of application of the Arbitration Procedure Code of the Russian Federation

 

COURT PRACTICE. COMMENTS

The review of the practice of proceedings in a case concerning arbitral awards contestation and concerning issuance of writs of execution for enforcement of arbitral awards

 

The review of practice of application of legislation related to the licensing of certain types of activity

 

The analysis of practice of adjudgement as for several categories of disputes concerning regulatory legal acts recognition as inoperative

 

The summary of judicial practice concerning hearing of controversies related to application of the Chapter 25 of the Tax Code of the Russian Federation (matters of expenses recognition for tax purposes)

 

The summary of judicial practice concerning hearing of controversies related to application of value-added tax deductions

 

V.B. Martemianov, D.V. Murzin, D.V. Novak, R.O. Opalev, E.Yu. Petrov, E.A. Rebrova, E.N. Serditova, Yu.M. Sidorskaya Problems of application of legislation on formation, reorganization, dissolution of commercial legal entities, on their legal status, as well as on rights and obligations of their members (founders)

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D.V. Burachevskiy, A.N. Krukov Interlocutory injunctions to be adopted by the arbitration court at arbitration of corporate disputes
The authors analyse grounds and procedure of interlocutory injunction adoption by the arbitration court in controversies related to formation of legal entity, its management and participation in it. The article alsoo examines types of interlocutory injunctions in corporate disputes.
Keywords: corporate disputes, types of interlocutory injunctions
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VIEW OF THE PROBLEM

K.I. Zaboev Retirement of the member from the limited liability company in view of latest modifications of legislation
The article covers application matters related to enforcement of the right of the limited liability company member for retirement from the company. The proposed material is based on comparative analysis of modifications in legislation on limited liability companies and on judicial practice of its application. The author examines disputable aspects of this problem in an effort to make the study useful for readers.
Keywords: share in charter capital, repayment of share value
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V.A. Lukianova, R.O. Opalev, E.A. Porotnikova. On the matter of administrative sanctions for carrying out of activities for organization and unlisensed gambling
After modification of legislation governing activity for organization and effecting gambling, which was focused on establishment of strict state control over its fulfilment, there was rising of judicial "technologies" allowing to unfair gambling market participants to put this activity beyond the state control. This article examines the problem related to formation of uniform judicial practice on application of part 2 of Article 14.1 of the Code of the Russian Federation on Administrative Violations and regulatory legal acts governing activity for organization and effecting gambling.
Keywords: bookmaker's office, accepting bets, payout
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DISCUSSION TRIBUNE

S.A. Kurochkin, E.S. Chetvertakova Overcoming lacunas in the Arbitration Procedure Code of RF
This article examines the problem of allowability of legal analogy applicaton in arbitration proceedings by the example of application of regulations of the Article 176 of the Arbitration Procedure Code of RF for reading in a court session of operative part of arbitration court judicial decision with continuance of its issue in full. This matter was discussed at the meting of the Scientific Advisory Boards under the jurisdiction of the Federal Arbitration Court of the Chelyabinsk Region.
Keywords: arbitration court judicial decision, lacunas of legal regulation, legal analogy
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