Magazine content за Июнь 2011 г.
Magazine Cover
Press to zoom

Buy a PDF


mag->month > 0 ) { ?>

mag->getMonthString();?> mag->year;?>

mag->pdf_file): ?> sess && $this->sess->isArticlePayed()):?>

Июнь 2011



Chief editor’s column


Interview of the issue

Yu.S. Lyubimov International Legal Forum in Saint-Petersburg surpassed all expectations
The questions posed by Yan Piskunov, Chief Editor at ZAKON (LAW) magazine are answered by Yuri Sergeevich LYUBIMOV, Deputy Minister of Justice of the Russian Federation
Buy a PDF


News of the community


The Event. Comments of the Experts

New status of assistant judges
The issue concerning the expansion of procedural rights of assistant judges has long been pending. 12 May 2011. Presidium of the Supreme Commercial Court of the Russian Federation discussed the future draft law worked out to optimize the load on judges and providing for the items subject to which assistant judges will be vested new powers. We asked our experts to dwell on the new procedural role of assistant judges and assess the practice of creating the judge corpus on the basis of ex-assistants.


Topic of the issue

A.P. Sergeev, T.A. Tereschenko Investment Agreement. Nameless Agreement or Economic Notion?
Analyzing the investment laws and common features of the so-called investment agreement, the authors of this article argue that this agreement is not a nameless one but is a purely economic notion. In this sense almost every civil-law agreement may have some features of the investment one. The authors say that the leasing agreement is an example to support the last point.
Keywords: nameless contract, investment agreement, investment activity, leasing contract
Buy a PDF


A.V. Myskin Nameless Contracts in the System of Contractual and Legal Structures
The article is dedicated to the analysis of the structure of nameless contracts (nameless agreement) which is underexplored. On the basis of particular examples and his own practice, the author is developing his own classification of nameless contracts, and also describes peculiarities of the legal status of each of the groups.
Keywords: nameless contract, nameless agreement, relatively nameless contract, administrative agreement, freedom of contract
Buy a PDF


S.G.Schmidt, V.A. Vogel Parallel Obligation to Pay a Monetary Amount within the Syndicated Credit Agreement from the Point of View of German Law
To increase the tradability of rights from a credit agreement, the banking institutions worked out standards of credit documents that set, among other things, a person that manages the collateral. In order to resolve the arising problem when the creditor function on the main obligation does not correspond with the holder of means of pledge, German lawyers developed an internationally famous structure of the parallel debt. The possibility of using such a structure in Germany was conditioned by the presence of the structure of an abstract obligation in the BGB (the Civil Code of Germany).
Keywords: parallel debt, abstract obligation
Buy a PDF


T.V. Kashirina Distribution Agreement and its Place in the System of Agreements of the Civil Code of the Russian Federation
The structure of the distribution (dealer) agreement is widely used by the participants of the civil transactions. However, current regulations do not allow courts to adequately settle disputes arising from distribution agreements. The author of this article gives arguments in favor of independent nature of the distribution agreement and offers to make amendments to the laws that allow it take its legal place in the system of the Civil Code of the Russian Federation.
Keywords: distributor, dealer, distribution agreement
Buy a PDF


M.I. Malinovsky Meetings of Holders of Bonds and their Representative
The author of this article deals with prerequisites of appearing of a special entity, namely, the representative of bond holders in the securities market, and analyses features of relations between bond holders and the issuer. The specific features of these relations make it possible to speak about certain collective rights of holders of bonds of one and the same issue, which shall exist together with individual rights supported by the binding securities.
Keywords: securities, capital markets, collective rights of bond holders, representative office, trusts
Buy a PDF


Theory and practice

K.A. Novikov Some Issues of Pledging Property Claims
The article is dedicated to some issues relating to the pledge of property rights: the most efficient rules, procedure of collecting monetary claims during the pledge and means of protecting creditor's rights during the pledge of property claims on the whole.
Keywords: obligation, claim, pledge, mortgage
Buy a PDF


V.M. Bartosh Majority and Associated Corporations: Peculiarities of Inter-Company Relations
In the domestic civil law studies the majority corporations are wrongly referred to associations, i.e. to legal entities based on the membership. However, the current laws and the law enforcement practice require acceptance of existing differences between them. Attempts to ignore this circumstance often lead to judicial collisions. The author of this article explores the peculiarities of relations between majority and associated companies and their members, and offers criteria for the division thereof
Keywords: association, associated company, associated corporation, civil law development concept, corporation, majority corporation, membership, legal entity
Buy a PDF


O.V. Migitko New Vision of the Group of People in the Practice of the Supreme Commercial Court of the Russian Federation
The article deals with the approach to the concept of a group of people in the Russian anti-monopoly law that has been significantly changed after the Supreme Commercial Court of the Russian Federation passed a number of judgments on the cases of TNK BP Holding and JSC Gazprom Neft. According to the author, the new approach had not eliminated the existing problems of the legal control of a group of people but brought about more lack of legal clarity and distorted the meaning of the concept, having differentiated the legal form from the economic contents.
Keywords: anti-monopoly law, group of people, unified entity, dominating position, commodity market, calculation of the commodity market volume, share in the commodity market, discriminating conditions, lack of legal clarity
Buy a PDF


T.V. Katsiya Upcoming Changes in Article 10 of the Civil Code of the Russian Federation. Analysis of Legal Categories
The article is dedicated to the analysis of offers to enhance provisions of the Civil Code of the Russian Federation in part of abuse of the subject civil law. The author holds the position according to which the evasion of law shall be treated as a qualifying feature of the abuse of law but not as one its types.
Keywords: legal right, legal pattern, limit and border, evasion of law, good faith, abuse of law
Buy a PDF


M.A. Kozlov The Role of Court Decision Rendered on Disputes during the Creation of Binding Legal Relations
From the point of view of the binding legal relations, the actions of parties of the future agreement (particularly, offer and accept) shall not be legal facts. Actions are performed within the organizational legal relations that serve as a prerequisite for conclusion of an agreement. The author considers the impact of the court decision rendered on the pre-contractual dispute upon the binding legal relations.
Keywords: offer, accept, conclusion of the agreement, organizational legal relations, pre-contractual dispute, court decision
Buy a PDF


V.V. Simonenko Intellectual Property as a Property Right
Efficient goods turnover at this stage is impossible without taking due account of the general trend to the dematerialization which constitutes a characteristic feature of all branches of the modern economy. At the same time, even such a conservative legal institute as the property right cannot escape the upcoming changes. The author of this article surveys, among other things, the extent to which the institute of the property right can adapt to the world of innovations and art.
Keywords: copyright, author of the masterpiece, intellectual property, property right item, theory of the property right
Buy a PDF


Foreign experience

G.V. Melnichuk Standards of Assessment of Discretion Acts in the English Administrative Law
The article deals with the analysis of assessment of acts passed by the state authorities within the discretion powers. The author highlights the matters of administrative management, its limits, means of legal control, standards for revising decisions rendered by the state authorities provided for by the law and those that are used in the law enforcement practice of courts on the basis of the administrative law of the Great Britain. This article may be of service to law theoreticians and practicing lawyers, and also to everyone interested in the matters of modern procedural law.
Keywords: assessment standards, administrative law, Great Britain, discretion, discretion powers
Buy a PDF


M.A. Mitin Right of Victims of Crimes of Violence to State Compensations in the Kingdom of Great Britain and Northern Ireland. History, Current State and Prospects
The article is dedicated to the legal control of payment of state compensations to victims of crimes of violence in the Great Britain. It seems that the experience will be of interest to the Russian legal community since there are talks that this kind of legal institute can be established in the Russian Federation.
Keywords: victim, foreign criminal law, damage compensation, international law
Buy a PDF


Actual classic