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Январь 2010

CONTENT

 

AT THE FEDERAL ARBITRATION COURT OF THE URAL DISTRICT

Official current news

 

Statistical track record of activity of the Federal Arbitration Court of the Ural District in 2009

 

The review of proceedings in a case arising from administrative legal relationships with the participation of agencies of the Federal Antimonopoly Service

 

The review of proceedings in a case related to application of the Federal Law as of as of 02.10.2007 No 229-FZ "On enforcement proceedings"

 

The review of proceedings in a case related to contestation of decisions and actions of management bodies of economic companies

 

The review of proceedings in cases of contracts for =elivery goods, performance of works, rendering services for state and municipal requirements

 

COURT PRACTICE. COMMENTS

V.B. Martemianov, D.V. Murzin, N.E. Napolskaya, R.O. Opalev, E.Yu. Petrov, E.N. Serditova, Yu.M. Sidorskaya, Yu.L. Khoroshun Problems of application of land use legislation and insolvency (bankruptcy) laws
According to files of joint meetings of the Scientific Advisory Boards under the jurisdiction of the Federal Arbitration Court of the West Siberian District
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A.N. Krukov Discharge of creancors claimes not satisfied in the course of bankruptcy proceedings at the expense of debtors estate illegally acquired by the third-parties
In compliance with clause 11 of Article 142 of the Insolvency law the creancors, claimes of which did not satisfied in full in the course of bankruptcy proceedings, have the rights to call for execution upon property of the debtor that illegally acquired by the third-parties equal to claims remaining not satisfied in bankruptcy case. The article examines issues related to application of the indicated provision.
Keywords: bankruptcy, creancors claimes
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NEW MATTERS OF THE CORPORATE LAW PRE-TRIAL AND JUDICIAL EXAMINATION

According to files of the conference held on October 22 to 23, 2009 in Ekaterinburg

 

R.M. Khodykin Several matters of application of new provisions of the Arbitration Procedure Code of RF on the class proceedings
The article analyses Article 28.2 "Proceedings in cases upon protection of rights and legal interests of group of persons"
Keywords: arbitration proceedings, class proceedings, class action, official knowledge
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S. Davis Class actions: is it a "life jacket" for investors and shareholders or right track to the cataclasm for the society and "mother lode" for lawers?
The class actions as a procedural law institution traditionally in use in the world practice for protection of interests of customers, investors, shareholders and is a efficient instrument of action on major corporations. The article put the issue of special features of class actions in England and in the USA in terms of legal comparison. The author analyses the factors that induces parties to turn to class actions, gives examples of class and collateral actions.
Keywords: arbitration proceedings, class actions, collateral actions
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M. Backker The role of the notary in the laws on limited liability companies by the example of several states members of the European Community
In many law orders the participation of the notary at commitment of actions related to incorporation of a limited liability company and confirmation of its articles of incorporation is obligatory. The article covers causes of notary participation in relationship of this kind (in particular, a guarantee of persons rights and data integrity protection, state fiscal interests, consumers protection, money laundering control), as well as a role of the notary on different stages of legal entity operation.
Keywords: notary, limited liability company, incorporation of a limited liability company, register of legal entities, commercial register, register publicity
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V.V. Yarkov Debating matters of notary participation in pre-trial regulation of corporate relationship in Russia.

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