Magazine content за Январь 2010 г.
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ARCHIVE FOR 2010    RUSSIAN

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Январь 2010

CONTENT

 

INTERVIEW

L.N. Pugina “Resolution of a Court Collegium is a resolution of a team of professionals”
The transparency of the judicial power supposes not only public accessibility of legal judgements, but awareness of judges themselves of judicial system activity, of rendering of major judicial decisions, of passing opinion – about all that can de of interest and useful for the community of judges. The editorial staff addressed to the president of the qualification court collegium of the Moscow Region, Liudmila Nikolaevna Pugina a request to tell about the way how the work of the tribunal was arranged, what problems it was necessary to face in 2009 and what are working plans for the next year.
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THE YEAR 2009 IN REVIEW

The Moscow Region Court

 

The Tenth Arbitration Court of Appeal

 

The Moscow Reginal Arbitration Court

 

THE COURT FOUND

The judicial review of civil law practice of the Moscow Region Court for the year 2009.

 

The resolutions of the Tenth Arbitration Court of Appeal

 

The analitical report of the Moscow Regional Arbitration Court on matters of practice in cases related to the application of the fiscal legislation.

 

INTERVIEW

A.I. Kovler “I hope that the national law enforcement practice will be guided more and more by standards of the European Court”
As soon as citizens of Russia gained possibility to apply to the European Court of Human Rights for protection of their rights, the court found himself to be literally overwhelming by the claims of our compatriots. We addressed questions about whatever is the cause and what faults of the Russian law enforcement practice can be emphasized to our representative in the European Court of Human Rights, Anatoliy Ivanovich Kovler.
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THEORY AND PRACTICE

D.V. Afanacieva Movement of the judicial practice of the European Court of Human Rights with relation to complaints of judges, prosecutors, public officers and military men
The European Court of Human Rights up until 2007 has limited essentially the set of people enjoing rights to lay a complaint against violation of the Article 6 of the European Convention on Human Rights and basic freedoms (the right to a fair trial). With awarded judgment in the case of “Vilho Eskelinen and Others veresus Finland” a limitation that perviousely prevented a judicial recourse before the European Court of judges, prosecutors and officers of bodies of internal affairs, military men and diplomatic personnel was removed.
Keywords: government agencies, state authority, dispute over civil rigts and obligations
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N.N. Lipkina Methodological background to the establishment of violation of human rights and basic freedoms by the European Court of Human Rights
The author detected a system of criteria and special features of legal argumentation of the European Court of Human Rights, which is used at establishing of fact of existence or absence of violation of human rights and freedoms guaranteed by the Convention on Human Rights and basic freedoms.
Keywords: interference with the rights and freedoms guaranteed by the Convention, juridical possibility of exercising interference, observance of the principle of equality of arms and supremacy of law
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INTERVIEW

A.V. Druzhinin “Gaming lottery” in view of legal judgements
Paying attention of the reader to judicial acts under the subject of carrying out and organization of gambling the author narrates legal judgements as a result of hearing of cases of contestation of decrees of imposition of administrative sanctions for a breach of the Code of Administrative Offences of the the Lipetsk Region - non-compliance with proscription of activity for carrying out and organization of gambling established by the law of the region is the subject to administrative fine imposition
Keywords: gambling, administrative sanctions
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THEORY AND PRACTICE

N.V. Krasnova Special features of definition of amount and nature of aditional expenses due to injured person in view of injury to health
The author in this article examines issues of compensation of expenses of disabled person. Under analyis are such subjects as determination of amount of compensation for damages, as well as the composition of a damage, what is the subject of this notion and what are the required evidences for claming compensation. Specifically the author has recourse also to the problem of compensation of expenses of persons awarded the status of handicapped person.
Keywords: compensation for harm, determination of amount of expenses, disablement
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N.N. Davydova Seizure of money funds or other estate, belonging to the defendant as a type of interlocutory injunction in arbitration proceedings
The author examines one of the most frequently used interlocutory injunctions - the seizure, recognizing several faults of its application along with efficiency of this remedy. This article arrives at a conclusion that this interlocutory injunction is of wide use for abuse of procedural rights with the aim of inflicting serious economic damage on conterparties in corporate wars. In addition, a realization of seisure of monay funds and other estate is extremely problematic in practice because of imperfection of acting legislation. As far as in spite of establishment in the Arbitration Procedure Code of RF of possibility to apply interlocutory injunctions, it is rather complicated to do it because of difficulty to receive a required information in a legal way.
Keywords: interlocutory injunctions, seizure, abuse of rights
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