ARCHIVE FOR 2011 RUSSIAN
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Июль 2011
CONTENT
INTERVIEW OF THE ISSUE
OPINIONS
ON COURT
JUDICIAL PRACTICE ANALYSIS
ANALYTICS: Innovations in the Arbitration Procedure Code
E.N. Nagornaya Retrospective Effect of Judicial Interpretation in Tax Litigation The author analyzes amendments to Chapter 37 of the Arbitration Procedure Code of the Russian Federation, "Procedure for revision of effective court decisions on new and newly discovered circumstances”, from the point of view of their application to resolution of tax disputes as well as judicial and arbitration practice related to application of Resolution No. 1-P of the Constitutional Court of the Russian Federation dated January 21, 2010 “On verification of constitutionality of provisions of Art. 311, 312 of the Arbitration Procedure Code of the Russian Federation”.
Keywords:
interpretation, retrospective effect, new circumstances
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V.V. Petrova Holding of Hearing in Court of Cassation by Means of Video Conference Communications Systems Federal Law No. 228-FZ of July 27, 2010 “On Amendment of the Arbitration Procedure Code of the Russian Federation" came into force on November 01, 2010 and has been applied by arbitration courts. Its passing and enactment made it possible to participate in a court hearing by means of video conference communications systems. The author analyzes the first practice of application of this new standard.
Keywords:
electronic data processing in the judicial practice, arbitration court, video conference communications, court records
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HOT TOPICS!
ANALYTICS: SPEAKER’S CORNER
A.Ya. Kleymenov Injunctions in civil procedure in the USA and Russia and fundamental principles of procedure. Based on the analysis of injunctions applied to civil procedure in the USA, the author concludes that it would be reasonable to establish in the Russian arbitration procedure a provision on mandatory notification of a plaintiff on motions filed by a claimant and calling for application of injunctions and provision of the claimant with a possibility to participate in hearings to consider application of injunctions after initiation of proceedings, as well replacement or cancellation thereof.
Keywords:
injunctions, preliminary injunctions, equality of participants, temporary restraining order
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T.I. Andreeva Application of public policy clause in legal practice At the moment, it is often discussed that Art. 1193 of the Civil Code of the Russian Federation needs to be amended in order to prevent unjustified use of the public policy clause and to clearly define the principles that may be deemed part of the Russian public policy in regulating the relations involving cross-border issues. The author tried to study in detail the institution of the clause on public policy and the practice of its application and to reveal main drawbacks in the existing approach to potential use of this institution by courts.
Keywords:
public policy, application of clause on public policy
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APPLICATION PRACTICE OF ARBITRATION PROCEDURE CODE
SCIENTIFIC AND ADVISORY COUNSIL
FACES OF COURT
