ARCHIVE FOR 2011 RUSSIAN
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Май 2011
CONTENT
FROM THE EDITORIAL OFFICE
INTERVIEW OF THE ISSUE
ON THE COURT
THE COURT FOUND
CASE OF INTEREST
ANALYTICS: COVER STORY
A.O. Inshakova Carve-out of stocks as a corporate means of protection of the shareholder's rights in the legislation of the Russian Federation and the European Union This article is devoted to legal regulation of carve-out of stocks in favour of a joint-stock company or third parties as an efficient corporate means of protection of the shareholder's rights. The author carries out comparative analysis of norms of the Federal Law "On joint-stock companies", regulating the order of purchase and repurchase of shares, and of the relevant instructions of the EU Council Directives. The article contains recommendations on improvement of the Russian legislation on corporations for the purpose of creation of the common European Economic Space.
Keywords:
corporate means of protection of the shareholder's rights, share acquisition, voluntary and mandatory offer, right to privileged share acquisition, mandatory repurchase of shares, mergers, acquisitions, reorganizaton
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E.A. Gryada Legal problems of re-registering of right to permament (unllimited) use of land lots With the introduction in 2001 of the requirement on the necessity to re-register the right of permanent (unlimited) use by legal entities, not stated in clause 1 Article 20 of the Land Code of the Russian Federation, a number of legal problems arose in connection with definition of the order of re-registering, choice of type of the right and with imposing sanctions for violation of this requirement.
Keywords:
right to permanent (unlimited) use, land lot, lease, right of property
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A.A. Krytsula Burning problems of protection of the right of permanent (unlimited) use When settling disputes on protection of the right to permanent (unlimited) use, courts often have to appeal to the Soviet principles, as there is no new approach to one or another issue in spite of the amended legislation. The author investigates problems arising in the sphere of recognition and protection of this limited proprietary right as well as problems of correlation of powers of the holder of this right with the rights of the proprietor.
Keywords:
proprietary rights, protection of the right, land lot, right to permanent (unlimited) use
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A.R. Shogenov Affiliated persons and limitations connected with this status by the example of joint-stock companies In the article the attempt is made to disclose the notion of affiliated persons within the legislation system of the Russian Federation and to point out the main limitations connected with the status of an affiliated person as well as to relate the notion "affiliation" with the notion "interest" that is used in the Russian legislation. The urgency of this question grew in view of development of economic relations within the country.
Keywords:
affiliation, interest, affiliated persons, joint-stock company
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ANALYTICS: FREE TRIBUNE
S.M. Ilyushnikov To the issue of civil matters classification: division into general and individual This article is devoted to division of civil matters into general and individual, to the necessity of such division and to the history of appearance of such terminology in the scientific doctrine. Also issues of applicability of such classification under the condition of plurality of persons in the legal relationship are considered.
Keywords:
сivil matters, individualization of subjects in the legal relationship, plurality of persons
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