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ARCHIVE FOR 2010    RUSSIAN

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Декабрь 2010

CONTENT

 

INTERVIEW OF THE ISSUE

 

ON COURT

 

E.N. Nagornaya Comments of past arbitration court rulings as to application of Ruling No. 65, dated 18.12.2007 of the Presidium of the RF Supreme Arbitration Court
THE ARTICLE SUMMARIZES THE ARBITRATION PRACTICES OF APPLICATION OF RULING NO. 65, DATED 18.12.2007 OF THE PRESIDUIM OF THE RF SUPREME ARBITRATION COURT SINCE ITS ADOPTION IN 2007 UNTIL THE PRESENT TIME. EACH ITEM OF RULING No. 65 IS ILLUSTRATED BY AN EXAMPLE FROM ARBITRATION PRACTICE. THE ARTICLE SUBSTANTIATES THE LEGAL VIEW CONCERNING THE RIGHT OF BOTH A TAX PAYER AND A TAX AUTHORITY UNDER CERTAIN CONDITIONS TO PRESENT THE RELEVANT EVIDENCE DIRECTLY TO COURT, ALTHOUGH THEY WERE NOT THE SUBJECT OF A TAX AUDIT.
Keywords: VAT recovery procedure, consequences of non-compliance with extrajudicial proceedings, presentation of documents directly to court
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L.V. Vlasenko Competition of the Tax Legal Views of Arbitration Courts
THE ARTICLE DISCUSSES THE TAX LEGAL VIEWS AND THEIR JUDICIAL VARIETY, ANALYZES THE PROBLEM OF COMPETITION OF POSITIONS, SUBSTANTIATES CRITERIA AND ADVANTAGES OF TAX LEGAL VIEWS OF COURTS.
Keywords: legal views, competition, tax legal practice, competition of norms
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A.A. Riabov, V.A. Yagovkina On correlation of civil and tax law
THE ARTICLE REVEALS THE MAIN DIRECTIONS OF CORRELATION AND INTERACTION OF CIVIL AND TAX LAW: THE EXTENT OF INFLUENCE OF CIVIL MATTERS ON TAX POSITIONS AND CORRELATION OF INSTITUTIONS OF CIVIL AND TAX LAW, AND THE USE OF CIVIL LEGAL NORMS, INSTITUTIONS AND CATEGORIES IN TAX LAW.
Keywords: Keywords: tax law, civil law, property relations
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M.B. Zhuzhzhalov Presumption of Tax Payers' Fairness
THE ARTICLE EXPLORES THE PROBLEMS OF INTERPRETATION OF CLAUSE 7, ARTICLE 3 OF THE TAX CODE. THE AUTHOR ANALYZES CLARITY AS A PROPERTY OF RULES OF LAW AND THE IMPACT OF INCLUDING REFERENCES TO ESTIMATIVE NOTIONS IN LAWS ON LAW ENFORCEMENT PRACTICE; THE ARTICLE REVEALS THE MEANING OF "PRESUMPTION OF TAX PAYERS' FAIRNESS" AND TAX RESPONSIBILITY IN THE LEGAL POSITIONS OF THE RF CONSTITUTIONAL COURT.
Keywords: fairness, ambiguity of provisions of law, tax obligations, precedent, tax law
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T.A. Guseva Tax Obligations and Invalid Transactions
THE ARTICLE EXPLORES THE POWERS OF TAX AUTHORITIES ON REVIEW OF TAX CONSEQUENCES OF SHADOW TRANSACTIONS OF A TAX PAYER.
Keywords: transaction, tax, invalidity of a transaction, qualification of a transaction, tax authorities
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M.Yu. Chelyshev, V.A. Petrushkin Civil Law Terminology in Other Branches of Law
THE ARTICLE DEALS WITH GENERAL AND SPECIAL ASPECTS OF APPLYING CIVIL LAW TERMINOLOGY IN LABOR LAW AND CERTAIN BRANCHES OF PUBLIC LAW AS A MANIFESTATION OF CROSS-SECTORAL LINKAGES OF CIVIL LAW.
Keywords: civil law, civil law terminology, cross-sectoral linkages of civil law, conflict regulation
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A.V. Popov Enforcement by tax authorities of the right to change legal qualification of transactions made by tax payers
THE ARTICLE DISCUSSES PRACTICAL ASPECTS OF APPLYING THE INSTITUTE OF REQUALIFICATION OF TAXPAYER TRANSACTIONS, INDICATES ISSUES OF CONCERN IN APPLICATION OF THAT INSTITUTE, WHICH HAVE FOUND NO LEGAL SETTLEMENT IN THE LEGISLATION ON TAXES AND JUDICIAL PRACTICE SO FAR, ANALYZES THE ROLE AND POWERS OF ARBITRATION COURT IN RESOLVING DISPUTES OF REQUALIFICATION OF TRANSACTIONS.
Keywords: tax payers and tax bodies, requalification of transactions, fictitious and fraudulent transactions, arbitration court, rulings of the Presidium of the Supreme Arbitration Court of the Russian Federation
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APPLICATION PRACTICE OF ARBITRATION PROCEDURE CODE

 

M.A. Kulikova, Ye.A. Petrova Procedural Opportunities for Objections by Creditors of the Debtor to Claims of Other Creditors beyond the Bankruptcy Case
AUTHORS ANALYSE JUDGMENT OF THE SUPREME ARBITRAZH COURT OF THE RF OF 8 JUNE 2010 NO.2751/10 IN WHICH THE COURT FORMULATED ITS POSITION ON THE ISSUE OF BANKRUPTCY CREDITORS OBJECTING OTHER BANKRUPTCY CREDITORS BY BRINGING APPEALS ON JUDGMENTS DELIVERED AGAINST THE DEBTOR WITHIN ORDINARY PROCEEDINGS.
Keywords: bankruptcy, objections of bankruptcy creditors against other bankruptcy creditors, appeals on judgments in relation to the bankrupt
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SCIENTIFIC AND ADVISORY COUNSIL

 

FACES OF COURT