Magazine content за Апрель 2011 г.
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ARCHIVE FOR 2011    RUSSIAN

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Апрель 2011

CONTENT

 

EDITOR’S COLUMN

V.V. Vasnev From the editorial office

 

FREE TRIBUNE

E.A. Sukhanov On legal entities of the public law
The author criticizes the proposal on creation of a new form of incorporation – a legal entity of the public law which is discussed in the scientific literature. Realization of this idea may not be a universal solution for resolution of the issue of participation of the state in civil relations and will result in actual conservation ltrchof such an unpromising form of legal entities as state corporations.
Keywords: a legal entity of the public law, legal personality of the state, state corporation
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A.V. Egorov Multiple meanings of the obligation: practical aspect
The notion of the obligation is used in legislation both in the narrow and wide meaning. Often the fact whichever of the meanings is meant is critical for understanding thereof. This concerns, e.g., norms on fulfillment of an obligation in parts, compensation and debt forgiveness, cession, impossibility of fulfillment.
Keywords: obligation, assignment of rights, compensation, debt forgiveness, fulfillment of an obligation
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D.I. Stepanov What is the minimum authorized capital stock required for and how to determine its level?
The author supports the position that increase of the authorized capital stock is inadvisable for Russian corporations. He arguments this thesis by the fact that the authorized capital stock may not fully protect interests of lenders and increase thereof will affect the investment climate of the country.
Keywords: authorized capital stock, corporation, lenders protection, creation of a legal entity
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V.V. Bogdanov Civil liability for unfair negotiations in the draft amendments to the CC of RF and the Concept of development of civil law
Norms on pre-contractual liability should be formulated so that to ensure efficient protection against unfair negotiations without limiting too much the principle of contract freedom. The author concentrates on such principal matters of this institute as determination of the time of commencement of negotiations, range of subjects of liability and amount of liability.
Keywords: pre-contractual liability, negotiations, contract freedom, losses
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EVENTS AND COMMENTS

S.A. Kuznetsov Contestation of a final award of arbitration on approval of an amicable agreement. Comments to resolution of the Presidium of the SAC of RF dated June 29, 2010 No. 2070/10
The article criticizes the position of the Presidium of the SAC of RF that the final arbitration award on approval of an amicable agreement may be contested on the grounds stipulated in bankruptcy laws for contestation of debtor’s transactions. In the author’s opinion, such a position of the Presidium of the SAC of RF is based upon the limited interpretation of provisions of article 30 of the Arbitration Law and is in essence aimed to expand judicial control in the area of arbitration proceedings.
Keywords: arbitration, public order, bankruptcy
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E.A. Krasheninnikov, Yu.V. Baigusheva To revision of the institute of representation
The article analyzes the draft law on amendment of the Civil Code of the Russian Federation concerning the norms on representation. Many provision thereof are criticized by the authors.
Keywords: representation, power of attorney, power, substitution
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MATERIALS OF THE PLENUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated February 17, 2011 No. 9
“On supplement of Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated 23.07.2009 No. 60” “On certain issues associated with adoption of Federal Law dated 30.12.2008 No. 296-FZ “On amendment of the Federal Law “On Insolvency (Bankruptcy)”

 

Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated February 17, 2011 No. 10
“On certain issues of application of pledge laws”

 

Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated February 17, 2011 No. 12
“On certain issues of application of the Code of Arbitration Procedure of the Russian Federation in the version of Federal Law dated 27.07.2010 No. 228-FZ “On amendment of the Code of Arbitration Procedure of the Russian Federation”

 

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

Application of civil laws

 

Application of tax laws

 

Application or procedural laws

 

Application of administrative laws

 

COURT PRACTICE INDEX

Index of court practice