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ARCHIVE FOR 2011    RUSSIAN

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Январь 2011

CONTENT

 

EDITOR’S COLUMN

 

FREE TRIBUNE

M.Yu. Savranskiy On several issues of determination and distribution of expenditures for representatives ad litem at an arbitration court
The author analyses the legislation and judicial practice on reimbursement of payment for services of representatives ad litem in arbitration proceedings. At determining limit of such expenses reimbursement a special attention is paid to requirement of reasonableness.
Keywords: costs of litigation, expenses for a representative, contingency fee

 

D.V. Pleshkov The interest of a Joint Stock Company in the terms of Article 71 of the Law On Joint-Stock Companies
The civil legislation provides for commitment of the business management to act on behalf of the corporation and establishes responsibility for causing damage to it. The author answers questions as to whether it should be understood what is meant by such an interest and what is the nature of the damage caused by the manageent to the Joint Stock Company
Keywords: joint stock company, corporate liability, damage

 

P.A. Menshenin The idea and the subject matter of the preliminary contract: benchmarks of theory and practice
Provisions of the Russian civil legislation on the preliminary contract are extremely terse, in this connection on their application a great number of issues arise: concerning possibility to develop a preliminary contract under the sample of a multilateral agreement, beneficiary contract, unilaterally binding contract; regarding allowability of cession of rights hereof; upon validity of a preliminary contract for entering into a real contract, unilateral transaction etc.
Keywords: preliminary contract, real contract, commitment

 

authority, power of attorney, naked promise Granting and scope of authority
Based upon achievements of the German civil law, the authors analyse issues of granting and scope of authority, a lot of which had never been studied by the Russian scientists.
Keywords: Е. А. Krasheninnikov, Yu.V. Baygusheva

 

EVENTS AND COMMENTS

S.A. Kuznetsov Third-party rights for the judicial expenses compensation without independent claims
The author criticizes attitude of the Presidium of the Higher Arbitration Court of RF, pussuant to which the judicial expenses suffered by a third party, not claming independently as regard to subject-matter of dispute, are not liable to compensation on account of defeated party, except to the extent of cases of allowing appeal and cassation of such persons.
Comment to the determination of the Presidium of the Higher Arbitration Court of RF as of June 22, 2010 No 11839/09
Keywords: judicial expenses, third parties without independent claims, principle of equal judicial defence

 

MATERIALS OF THE PLENUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

Nominations

 

On nomination of arbitration court assessors

 

INFORMATION LETTERS OF THE PRESIDIUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

The Information Letter of the Presidium of the Higher Arbitration Court of the Russian Federation as of October 20, 2010 No 142
"On the procedure of collection of railway tracks non-common use ownership charges for the car supply and cleaning"

 

RULING OF THE PRESIDIUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

Application of the civil legislation

 

Application of the fiscal legislation

 

Application of the procedural legislation

 

Application of the administrative legislation

 

COURT PRACTICE INDEX

Index of the judicial practice