ARCHIVE FOR 2013 RUSSIAN
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Март 2013
CONTENT
OFFICIAL SECTION
COURT PRACTICE
INTERESTING CASE. COMMENTS OF EXPERTS
E.G. Poberezhny Analysis of Several Disputes in the Field of Transportation In the article urgent issues of construing and application of Federal Law No. 87-FZ of 30.06.2003 On Transportation and Expeditionary Activities and Article 41 of the Civil Code of the Russian Federation (art. 801-806) are regarded. In particular, the topic of limitation of actions is discussed in relation to freight forwarding.
Keywords:
transportation, freight forwarding, limitation of action
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E.L. Marinenko Legal Peculiarities of Contract for Organization of Freight Transportation as Exemplified by Motor Vehicles As exemplified by motor vehicles in the article practical need of the contract for organization of cargo transportation is grounded, which plays important part in adjustment and systematization of the whole freight transportation process. In the article the issues of the mentioned contractual structure are regarded taking into consideration effective laws and applicable judicial practice.
Keywords:
contract for transportation organization, motor vehicles, stabilization of transportation process, organizational direction
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M.A. Solovyeva On Generic Character of the Freight Transportation Contract by Railway Transport in Russia and Germany In the article the issue is regarded on generic character of the freight transportation contract by railway transport both in accordance with Russian and with German laws. Various points of view are given in relation to grounding of generic character of this contract. The author presupposes a number of possible variants of effective laws development in the field of cargo transportation by railway transport.
Keywords:
Freight Transportation Contract by Railway Transport, Services Contract, Contract for Work and Labour
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E.V. Kapshtyk Conclusion of Contract in the Course of Granting Access to Public Railway Tracks The article is devoted to the issues appearing as a result of judicial practice in the course of disputes consideration connected with conclusion of contract for non-public railway tracks use in case of granting the right to railway cars transit pass.
Keywords:
non-public railway tracks, railway cars pass, granting the right to pass, contractor, owner of non-public railway track, state regulation of tariffs
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THEORY AND PRACTICE
A. S. Tsypusheva Reforming the Institute of Simplified Procedures in Arbitration Process, Reforming the Institute of Simplified Procedures in Arbitration Process In this article the author regards the issues of simplified procedures institute development. The analyzed new procedure of simplified legal procedures established by Federal Law No. 86-FZ of 25.06.2012 On Introduction of Amendments to the Arbitration Procedure Code of the Russian Federation in Connection with Modernization of Simplified Procedures and Decree of the Plenum of the Supreme Arbitration Code of the Russian Federation No. 62 of 08.10.2012 On Some Issues of Consideration by Arbitration Courts of Cases within Simplified Procedure.
Keywords:
institute of simplified procedure, curtailed procedure, court costs minimization, access to justice, reasonable terms, limited access mode, and remote access
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M.G. Dolgikh Right to Cassational Appeal In the article the right to cassational appeal is analyzed, provided for by part 1 art. 273 chapter 35 of the Arbitration Procedure Code of the Russian Federation. The author regards the issue of cassational appeal in case of refusal from renewal of term for filing the appeal.
Keywords:
initiation of cassational proceedings, refusal from restoration of period for filing the appeal
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R.B. Dzhanibekova Issues of Tax Residence Acknowledgement of a Foreign State In the article the issues are regarded of international tax conventions implementation in the RF on the avoidance of double taxation connected with the established rules of art. 312 of the Tax Code of the Russian Federation concerning tax residence acknowledgement of a foreign state.
Keywords:
international legal regulation, art. 312 of the Tax Code of the Russian Federation, double taxation, tax residence of a foreign person
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S. V. Matayev Arbitration Practice Tendencies in the Field of Construction Contracts in 2012 In the article interesting issues of arbitration practice are regarded for 2012 — application by courts of liability measures (application art. 333 of the Civil Code of the Russian Federation, double liability, offset of debt and forfeit liabilities), as well as new tendencies concerning separate issues of conclusion and performance of state contracts.
Keywords:
arbitration practice, disputes on the basis of construction contracts, disputes on the basis of state contracts, liability, forfeit
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IN COURTS OF WEST SIBERIA
ABOUT WORK AND PRIVATE LIFE
