Журнал ЗАКОН

Inna Olegovna Vorobieva was appointed as a President of the Tenth Arbitration Court of Appeal by the Decree of the President of RF as of 24.12.2009 No 1469. As is known, each newcomer see goals and issues of the management in his own fashion, can take a fresh look "young-eyed" at organization of work and likely in some way alter it. We met Inna Olegovna to know how she see work of the court in future and how she feels like in armchair of the president.

An editorial staff of practically each magazine has its own permanent authors, on career development of whom the editorial staff looks with favour. That is why awarding a degree of a candidate or a doctor of legal science is a festal occasion and for us. It means that a publication in our magazine, which is in the list of the State Commission for Academic Degrees and Titles, to some extent helps a graduand to take desired degree. And for an periodical publications give certain significance, what is not insignificant for an mass media focused on successful promotion in legal world. The academic degree of a doctor of legal sciences was awarded to the judge of the first composition of the tribunal for adjudgements of disputes arising from civil matters of the Tenth Arbitration Court of Appeal, Elena Vadimovna Chernikova by the decision of the State Commission for Academic Degrees and Titles as of 19.02.2010 No 6d/21. We congratulate Elena Vadimovna on awarding an academic degree. It is very nice that a number of lawyers becoming doctors of science is increasing among our authors. We have a talk with Elena Vladimirovna Chernikova about the way how the doctoral thesis was prepared.

The analitical report of the Moscow Regional Court

A number of disputes in arbitration courts arising in relation to activity of noncommercial parterships in the region of housing and public utilities services is constantly increasing. It is is attributed to the imperfection of the legislation governing the sector of housing and public utilities services. The authors analyse existing matters of practice in this sector and give practical proposals as to following issues. What requirements of existing laws a noncommercial organization shall observe at entering into transactions in order that they afterwards will not be recognised as unconcluded by the arbitration courts, specifically at signing contracts by and between power supply authorities, contracts for management of multi-family housing.

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Keywords: jurisdiction of distutes, partnership of housing owners, entrepreneurial activity, state registration, invalidity of legal transactions

According to the author features of nuncommercial organizations established by the law - corporate objectives irrelevant to deriving of profit and prohibition against allocation of profits among their members - in recent time cannot be a disparity measure between legal forms of noncommercial and commercial organizations. It is necessary to assign to the Civil Code a complete list of noncommercial organizations, their organizational legal forms, and order of constitution and activity.

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Keywords: noncommercial organizations, entrepreneurial activity, organizational legal form of an entity

Not contributed money funds or things, not a share, but the right to claim repayment of value of partnership or company property corresponding to the ancestor's share in the charter capital (share capital) shall be inheritable. Herewith the law-maker stipulated cases, where a limited liability company charter provides for a possibility to renunciate a succession of heirs in incorporation into composition of members of this company.

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Keywords: succession of a share, repayment of value of the property, economic partnership (company)

This article examines issues of legal status of several taxpayer categories (persons who has not reached the age of sixteen years, persons who recognised disabled or impaired by a court). The problems of discharge of taxpayment duty by that sort of individuals, as well as bringing them to responsibility are investigated. The authors focused on the main problems in this sector, analysed law enforcement practice, and proposed ways of improvement of legislation.

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Keywords: tax legal relationship, tax legal relationship entities, tax legal capacity, tax liabilities

A comparative law analysis of regulations as to living premises and non-living premises is carried out in this article. On the base of living premises definition, as well as by reference of living premises types contained in the Housing Code, the author is working out a new classification of non-living premises, and real property facilities designed by the law-maker as a term "non-living premises" proposes to define as non-living rooms by analogy with living rooms, which are "mimimum" living premises under the Housing Code. The author's notion of non-living room is given. For the purpose of optimization of regulatory framework as for non-living premises civil transactions the author formulates a legal definition of such an object of civil rights as premises that can be living one, and non-living one.

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Keywords: premises, non-living room, classification of non-living premises, object of civil rights

What is amount to be be guided by at delimitation of elements of administrative violations of the customs taw and smuggling goods: market-value or value for customs purposes? How to associate these notions? What is the value of customs privileges, provided for physical persons, at calculation of value of the customs law infringement matter (size of smuggled goods)? May a physical person foresee consequence of illicit traffic of goods?

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Keywords: customs privileges, violation of the customs taw, smuggling goods, value for customs purposes, market-value, law infringement matter, size of smuggled goods

The national antimonopoly law was created taking into account existence of two models of competition law, the American one and the European one. The adoption of the Competition Law to some extent unified approach to economic activity control. Nevertheless a Russian model of antimonopoly law created at the present time needs substantive additions, among other factors an issue on "state and municipal" preferences is insufficiently settled, application of unfair competition regulation generate contradictive practice as well.

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Keywords: Russian and international antimonopoly law, unfair competition, foreign competition law

Who is responsible for the absence of state registration of the contract for participation in the shared construction? The author investigates this issue from the viewpoint of legislation and evolving judicial practice.

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Keywords: hared construction, state registration of the contract, administrative responsibility

The article is dedicated to the problems of legislation establishing and law enforcement practice as for transactions on privatization of housing. An analysis of this law enforement practice within the system of civil and housing legislation, its mistakes and lacuna is carried out. The problems of content of contract relations, arising in the course of privatization, and consequences of created legal regime of privatised housing are shown. The main methods of protection of housing rights of participants of transactions on housing privatization in conditions of contemporary housing privatization legislation were examined.

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Keywords: privatization of living premises, lacuna of privatization law, housing rights of children, conflict of interests of privatization participants, forms of common housing ownership