ARCHIVE FOR 2012 RUSSIAN
mag->month > 0 ) { ?>
mag->getMonthString();?> mag->year;?>
mag->pdf_file): ?>
sess && $this->sess->isArticlePayed()):?>
Май 2012
CONTENT
INTERVIEW OF THE ISSUE
ON THE COURT
THE COURT FOUND
CASE OF INTEREST
ANALYTICS: COVER STORY
M.G.Kalashnikova, P.M.Bondareva The particularities of interpretation and administration of anti-monopoly laws by anti-monopoly authorities and commercial courts The authors of this article raise the issue of different interpretation of anti-monopoly legislation by anti-monopoly authorities and commercial courts. Anti-monopoly laws are aimed at providing a single economic space, ensuring free circulation of goods, freedom of economic activities in the Russian Federation, defence of competition and creating the conditions for effective functioning of commodity markets. Uniform interpretation and administration of anti-monopoly legislation regulations is required under present competitive market conditions in order to prevent abuse of their dominant positions on the part of business entities and groups of persons.
Keywords:
law on protection of competition, anti-monopoly authority, monopoly activities, dominating entity, unified interpretation of anti-monopoly laws, practical administration of the law on protection of competition
Buy a PDF
N.N.Ivanova Anti-competitive agreements: the subjects and the ways of proving The article offered to your attention deals with the problem of methodology of proving of the FACT of the existence of anti-competitive agreements as well as with some aspects of differentiation between the agreements and the agreed actions violating anti-monopoly laws from the point of view of judicial practice.
Keywords:
anti-competitive agreements, agreed actions, elements of offence, the burden of proof
Buy a PDF
N.N.Smotrova Some aspects of bringing to administrative responsibility for violation of anti-monopoly legislation The author of this article examines the procedure of bringing to administrative responsibility for violation of anti-monopoly legislation and raises the issue whether an anti-monopoly authority is obliged, within the framework of such proceedings, to carry out all the procedures aimed at establishing of the fact of such violation. Special attention is drawn to various practical ways of solving this issue.
Keywords:
anti-monopoly legislation, administrative offence, decision of an anti-monopoly authority's committee, sufficient proof
Buy a PDF
D.V.Kivoenko Violations of anti-monopoly process in judicial practice The article is dedicated to the analysis of arbitration practice in the issue concerning which violations of the procedure of anti-monopoly cases examination are recognized as the serious ones hence resulting in recognition of the anti-monopoly authority's acts as unlawful, including examination of an anti-monopoly case by an unlawfully made up committee, violations of procedural rights of the persons involved in anti-monopoly cases and the procedure for examination thereof.
Keywords:
anti-monopoly proceedings, serious violations of procedural rights, procedure for examination of an anti-monopoly case, decision of an anti-monopoly authority
Buy a PDF
ANALYTICS: FREE TRIBUNE
A.V.Milkov On the categories "the mechanism of legal regulation" and "the mechanism of civil legal protection" The article deals with the issue of the notional meaning and correlation of the categories "the mechanism of legal regulation" and "the mechanism of civil legal protection". The author explains the provision of the possibility and efficiency of use, as a scientific term, of the notion "the mechanism of civil legal protection" and attempts to identify the meaning of the said category.
Keywords:
mechanism of legal regulation, mechanism of civil legal protection, protective function of law, regulative function of law, legal categories, legal regulation
Buy a PDF
M.N.Kuzmina The fact in proof and evaluation of the proof by the court in the cases on recovery of losses The article dwells upon the notion of the fact in proof and the activities of the court for evaluation of the proof. The article also examines the issues of distribution of obligations for proof as applied to the institute of compensation of losses. Based on the historical legal and comparative legal methods, the author comes to the conclusions that achievement of the objective of the justice is possible under conditions of absence of over-estimation of the circumstances of the case established by the court.
Keywords:
proof, evaluation of proof, objective truth, compensation of losses, restoring violated rights
Buy a PDF
E.A.Skvortsova Effecting control in the sphere of provision of anti-corruption safety of Russia This article deals with the issues of effecting control in the sphere of provision of anti-corruption safety including in the aspect of the activities of state authorities, analyzes the contents, structure and legal nature of the anti-corruption legislative procedure, anti-corruption monitoring and subjects to be controlled.
Keywords:
corruption, anti-corruption safety, anti-corruption legislative procedure, anti-corruption monitoring, subjects to be controlled
Buy a PDF
O.V.Mazur Exercise of civil rights: administration of the requirement of the good faith of the subject of the obligation The article reviews some particular issues related to administration of the requirement of the good faith to realization of the rights emerging from the agreement. The contents of the obligations of logical behaviour and cooperation on the basis of the results of the effected comparative legal analysis, taken into consideration the specific features of the Russian legislative system, has been examined. The author gives a detailed analysis of judicial practice for the institute of non-court termination of an agreement on the initiative of one of the parties to the agreement, as an example of restriction imposed upon the principle of the freedom of agreement.
Keywords:
exercise of the right, abuse of the right, good faith, reasoned expectations, obligation of logical behaviour, cooperation, freedom of agreement
Buy a PDF
COMMUNITY NEWS
