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Май 2011







Pro et contra. Dissenting opinion
In March 2011 a new authority - appeal - was introduced in general courts. The resultant reorganization of authorities that has considerably changed the working procedure in courts became possible due to passing of the Federal Law dated December 09, 2010, No. 353-FZ "On amendments to the Code of Civil Procedure of the Russian Federation" and of the Federal Constitutional Law dated February 07, 2011, No.1-FKZ "On general courts in the Russian Federation". Like any other innovation, the introduction of appeal caused heated discussion in among scientistst as well as among judges who are going to work with these changes. We offer to get acquainted with the viewpoint of people who are concerned about high-quality and agreeable work of the judicial system. And we invite the readers to join the discussion of the topic on pages of our publication. We addressed the experts asking them to answer several questions about changes expected in courts:
What is your attitude towards appeal that is being introduced in general courts?
To what extent will it improve the judicial process and protect civil rights?
What difficulties can you already now see in enforcement of this law?






Ye.V. Chernikova Mediative agreement: problems of integration into court proceedings
The article considers theoretical aspects of the mediation procedure in connection with passing of the Federal Law on mediation and making relevant amendments to the arbitration proceedings. A brief comparative analysis of the mediation procedure and of a traditional amicable agreement and the author's evaluation of legal consequences and differences between the named procedures of settlement of disputes are suggested.
Keywords: mediation, pre-trial dispute settlement procedure, mediative agreement, amicable agreement, mediator
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A.A. Solovyov On certain matters of judicial regulation of the institute of professional representation in codes of practice of Russia and Brazil
The article is devoted to questions of judicial regulation of the institute of professional representation by the example of the Arbitration Procedure Code of the Russian Federation and the Sport Justice Code of Brazil. The author analyses legal views of the Constitutional Court of the Russian Federation, summarizes viewpoints of the administration of the Supreme Commercial Court of the Russian Federation and representatives of the local legal community on the topics under consideration and refers to the foreign experience.
Keywords: right to judicial protection, right to competent legal assistance, Constitutional Court of the Russian Federation, Supreme Commercial Court of the Russian Federation, Arbitration Procedure Code of the Russian Federation, Sport Justice Code of Brazil
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M.I. Kukhta Changing of order of notification of parties in the arbitration proceedings
Amendments introduced to the Arbitration Procedure Code of the Russian Federation by the Federal Law dated July 27, 2010, No.228-FZ have cardinally changed many of the arbitration proceeding institutes. The norms of the Arbitration Procedure Code of the Russian Federation regulating the procedure of judicial summons of persons participating in the case were subject ot considerable changes. This article =ouches upon several urgent questions concerning changing of order of judicial summons of participants of the arbitration proceedings.
Keywords: arbitration proceedings, judicial summons
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V.P. Bykov, K.V. Bykov, V.V. Ulitina Legal regulation of provisional measures applied when protecting exclusive rights to trademarks
The institute of provisional measures aimed at protection of rights of participants of the civil turnover is not new for the Russian arbitration proceedings. However questions of application of provisional measures when settling of disputes on protection of exclusive trademark rights by commercial courts keep on staying up-to-date. Most of the problems arise in connection with taking by commercial courts of provisional measures in cases of submission of counter injunction.
Keywords: trademark, application for interim relief, provisional measures, grounds for taking provisional measures, counter injunction, connection of provisional measures with the subject of action
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A.M. Abramov Legal essence of enforcement of intermediate courts decisions
This article considers legal aspects of development of the institute of intermediate court procedure, of enforcement of judgments made by intermediate courts and analyses legislation regulating this type of activity.
Keywords: intermediate court, alternative methods of dispute settlement, issue of order of inforcement for compulsory execution of the intermediate court's decision, principles of execution of intermediate courts' decisions
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A.S. Podmarkova Disputes involving the Deposit Insurance Agency as a bankruptcy manager and a credit organizations turnaround company categories and approaches to settlement
This article considers court practice at the level of federal commercial courts of circuits with participation of the Agency of Deposit Insurance in the year 2010 connected with the Agency's performing functions of a bankruptcy manager (liquidator) of credit organizations, with exercise of powers of temporary administration on managing a credit organization as well as other powers of the Agency as a credit organizations turnover company.
Keywords: Deposit Insurance Agency, court practice in the year 2010, categories of judicial disputes
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A.A. Fisher Interstate agencies as institute of protection of human rights and freedoms in the sphere of applicaiton of Article 46 of the Constitution of the Russian Federation
The article is devoted to questions arising as a result of the citizenry's protection of their rights in the interstate agencies, the opportunity of appealing to which is provided for in the Constitution of the Russian Federation. On the basis of the activity analysis of the stated agencies the importance of the European Court of Human Rights and its role in restoration of the applicants' rights are considered.
Keywords: international law, legal protection, Constitution of the Russian Federation, interstate agency
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I.A. Trofimets To the issue of marital property relations
The article considers most ugrent questions of marital property relations, taking place both in theory and practice. The author touches upon the correlation of notions "property of spouses" and "ownership of spouses", investigates problems of the matrimonial property regime, separation of matrimonial property and of responsibilities of spouses by commitments.
Keywords: property, joint property, legal property regime, treaty property regime, separation of property, responsibilities by commitments
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R.A. Merzlikina, D.V. Pikalov Certain problems of succession of non-living premises in the Russian Federation
The right of property to a newly developed item of immovable property is subject to state registration. In this connection it seems necessary to work out order of putting special marks into the Uniform State Register of Immovable Property Rights and Transactions indicating death of the rightholder, and to compel the notarial agencies to issue certificate of inheritance right to the successors who inherited immovable property from the ancestor who in due time also inherited this property but didn't register the right of property for it in accordance with the procedure established by law.
Keywords: succession of non-living premises, successor, right of property, Uniform State Register of Immovable Property Rights and Transactions
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G.V. Matviyenko Purposes of customs regulation in the Russian Federation: problems of interpretation and enforcement
Passing of the Federal Law "On customs regulation in the Russian Federation" has completed the process of forming of laws on customs affairs. What are the main purposes of the national customs regulation? How efficient is the mechanism of their enforcement under the conditions of forming of common customs space? What provisions of the Federal Law assist in protecting the domestic market and ensuring national safety? In actual practice questions arise concerning interpretation and application of the Law provisions, interaction of customs authority and business, protection of rights and interests of participants of foreign economic activities and persons belonging to the infrastructure related to that of the customs, performance of customs agencies law enforcement activities. Development of criteria of customs authority performance evaluation, unified interpretation of customs legislation provisions, creation of safeguards system and system of liability of authorities before business will allow to complete global tasks of customs regulation.
Keywords: international treaties, economic security, improvement of customs affairs management, criteria of customs authority performance evaluation, ensuring of observance of rights and legitimate interests, creating conditions for development of foreign trade
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V.A. Gureyev Challenging issues of information support of the Federal Bailiff Service in the context of creation of e-government in Russia
The author of this article considers such a burning problem as creation of e-government in Russia and influence of this process on the Federal Bailiff Service.
Keywords: electronic document management, enforcement proceedings, information support
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M.V. Kushnir Certain problems of aggravations of compulsion to settlement of a transaction or to its termination
The article is devoted to certain problems of aggravations of compulsion to settlement of a transaction or to its termination. The author evaluates the notion "violence" being the question of clause "b" Part 2 Article 179 of the Criminal Code of the Russian Federation and gives a rather-legal analysis of this term with other articles of the Criminal Code of the Russian Federation, he also considers the question of classification of crimes commited by office-holders.
Keywords: responsibility for compulsion to transaction settlement, compulsion to transaction termination, commission of a crime by an office-holder, compulsion to settlement of a transaction with force
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A.A. Glushetsky Requirements to the lower limit of the charter capital and to modes of payment of stocks
The article formulates a thesis according to which in the modern context the charter capital has lost its function of being a guarantee of creditors' interests and it is impossible to establish control over the current asset liquidity through control over modes of payment of floated stocks. Inefficiency of dynamics control of net assets cost by means of their juxtaposition to charter capital nominal value is shown. Revision of a formal stock essential - its nominal value - is absolutely contentless in the economic aspect and in no case influences the degree of securing obligations of an economic society to its creditors.
Keywords: charter capital fixed dimension, modes of payment of stocks, freedom of asset turnover of a legal entity, net assets, standard of sufficiency of equity funds, fomal manipulations with stocks nominal value
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