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Апрель 2011






V.V. Kozhokar “Operative work – creative work”
Questions of the chief editor of the magazine “Moscow Lawyer” Vladimir Bagaev are answered by the head of the Main Department of the Ministry of Internal Affairs of Russia for the Central Federal District General- Lieutenant of Police Valery Vasilyevich KOZHOKAR.
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A.B. Yudin Tendencies of legal and scientific-practical mastering of the category “abuse of procedural rights” in the civil and arbitration proceedings.
The article analyzes the category “abuse of procedural rights” – a phenomenon ambiguous both for the general theory of law and for branch sciences. Tendencies considered by the author include: placement under the “regime” of abuse of legally neutral o undesirable forms of behavior before that, expansion of the arsenal of force means to counteract abuses and any other.
Keywords: abuse of a procedural right, measures of court responding, measures of liability, fairness, procedural regulations
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O.A. Egorova To the question on determination of circumstances relevant for the case
The author investigates circumstances relevant for correct resolution of residential and family disputes, disputes on inheritance.
Keywords: circumstances relevant for the case, residential disputes, family disputes, disputes on inheritance
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D.V. Kurochkin, E.S. Baryshnikova, A.I. Khretinin Some matters of an amicable agreement in arbitration proceedings
One of the best variants of settlement of a court dispute is conclusion of an amicable agreement. The article considers several practical issues caused by uncertainty of the procedure for conclusion of such an agreement remaining without proper attention of the legislator and senior court instance, probable methods of resolution thereof are proposed.
Keywords: amicable agreement, writ of execution, payment by instalments
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V.Ya. Rihterman, O.I. Koida Difficult in simple: how to set identity of requirements under two cases?
In the article the authors consider the matters associated with identity of claims (both external and internal), analyze the existing court practice and problems arising at determination of identity of certain elements of a dispute as well as certain aspects of realization of the right for amendment of the subject-matter and ground of the claim.
Keywords: identity of disputes, subject-matter of a claim, ground of a claim, change of a claim
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K.I. Trukhanov Secrets of efficient proving in commercial disputes
The author considers the most interesting and topical aspects of proving in arbitration proceedings; describes new rules for recognition of circumstances, proving of negative facts, questions associated with use of the minutes of overview of web-pages as an evidence, relation of legal assessment and prejudice; gives practical recommendations on certain aspects of proving including the form of presentation of evidences and efficient proving.
Keywords: commercial dispute, prejudice, expert opinion
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A.N. Trushkov Problems of change of claims in arbitration proceedings
In arbitration proceedings the claimant often faces the necessity to change the initially submitted claims. Absence in law and court practice of a clear understanding of the concepts of the subject-matter and ground of the claim gives rise to problems of change thereof. The author considers key methods of change of claims and related problems of recording of court practice on this matter including recent Resolution of the Presidium of the SAC of the RF dated November 16, 2010 No. 8467/10.
Keywords: change of claims, method of protection, subject-matter of a claim, ground of a claim, additional claims
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Ya.Yu. Klimov, A.A. Borodak Illegal composition of court as a ground to cancel a court act in the practice of arbitration courts
In this article the authors analyze procedural violations resulting in cancellation of court acts, in particular, those associated with an illegal composition of court; consider norms regulating formation and change of the court composition. Court practice is given on the question under consideration.
Keywords: illegal court composition, appeal, grounds for cancelation of an award, court act
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I.V. Sukhov Achievement of the balance of private and public interests in arbitration proceedings as a constitutionally important target
The author defines the public and private interests in arbitration proceedings, analysis their relation and problem of interaction between them, and as a conclusion lists factors influencing achievement of the balance between such interests.
Keywords: public interest, private interest, efficiency of justice, public relations
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Yu.F. Bespalov To the issue on composition of the proceedings participants
The author analyzes the list of persons involved in legal proceedings, consequences of wrong determination of such persons, procedural position of participants in proceedings applying for protection of interests of an uncertain range of persons as well as third persons submitting independent claims. The article is illustrated by relevant court practice.
Keywords: persons involved in proceedings, procedural rights, claimant, respondent, third parties, prosecutor
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