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ARCHIVE FOR 2011    RUSSIAN

Июль 2011

CONTENT

 

 

EDITOR’S COLUMN

 

FREE TRIBUNE

A.V. Turbanov Problems of Classification of Legal Entities: Continued Discussion
The author holds the position that it is necessary to determine the public entity structure in the Russian law. Such a status is required for a very limited number of companies whose active participation in the economic turnover results from the fact that they perform public functions: Central Bank of the Russian Federation, Pension Fund of the Russian Federation, Deposit Insurance Agency, etc. As a scientific rationale of the approach, the author gives the statement the legal entity is an inter-industry institution, but not a purely civil one.
Keywords: public entity, classification of legal entities, non-profit organizations
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G.P. Chernyshev Principle of the Exclusive Trade Mark Title Exhausting in the Laws and Legal Practice
The author is of the opinion that the comprehensive interpretation and legal analysis of provisions of the Civil Code of the Russian Federation show that the current laws do not prohibit the parallel import. From the point of view of interests of the Russian economy and also the trade mark nature itself, such an approach should be set out in the laws and legal practice more thoroughly.
Keywords: trade mark, exclusive right, parallel import
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Ye.D. Suvorov On Integration of the Evasion of Law Concept in the Civil Code of the Russian Federation
The inclusion of the ban for the evasion of law in the Civil Code of the Russian Federation does not go contrary to the principle of legal definiteness. In this case, it is necessary to establish the judicial discretion with the view of suppressing the use of legal provisions in contempt of the objectives set out to govern the relevant relations, principles of good faith and justice.
Keywords: evasion of law, abuse of right, legal discretion
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G. Nobbe Admissibility of Bank Consideration
The author deals with the stance of German courts as to the admissibility of different considerations in favor of the bank received on the basis of the client agreement (for example, for the account servicing, use of ATMs, issue of account statements, granting of loans, etc.). The main reason for admissibility is that a bank renders to the client a standalone service. This article is especially important in the light of the fact that the Presidium of the Supreme Commercial Court of the Russian Federation is currently preparing a review of the court practice that concerns disputes relating to the application of provisions of the credit agreement laws.
Keywords: credit agreement, bank account agreement, bank's consideration
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EVENTS AND COMMENTS

Inquiry of the Supreme Commercial Court of the Russian Federation to the Constitutional Court of the Russian Federation
At present, the Constitution Court of the Russian Federation is considering an inquiry submitted by the Supreme Commercial Court of the Russian Federation as to the constitutionality of provisions of the budget laws, according to which the statute of limitations shall not cover the requirements of the Russian Federation relating to granting of budget loans, state guarantees, etc. According to the Supreme Commercial Court of the Russian Federation, this provision with retroactive effect contravenes the constitutional principle for the equal legal protection of all types of property and the legal statements of the European Court of Human Rights on inadmissibility of benefits granted to the government with regard to private matters, and necessity of compliance with the principle of the legal definiteness.
Below is the text of the inquiry filed by the Supreme Commercial Court of the Russian Federation and comments thereto, which inquiry was executed by D.V. Afanasiev and D.V. Novak, the employees for the private law at the Supreme Commercial Court of the Russian Federation.

 

 

R.S. Bevzenko Legal Stance of the Supreme Commercial Court of the Russian Federation in the Security Interest Law
Comment to the Ruling of the Plenum of the Supreme Commercial Court of the Russian Federation of 17 February 2011 No. 10 On Certain Matters Concerning Application of Security Interest Law

In one of the parts of the comment the author analyzes the legal stance of the Supreme Commercial Court of the Russian Federation on matters concerning the enforcement of pledge: grounds, judicial and extra-judicial procedure of the enforcement, legal status of the agreement on the extra-judicial procedure, etc.
Keywords: enforcement, pledge, mortgage
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MATERIALS OF THE PLENUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

 

RULING OF THE PRESIDIUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION