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ARCHIVE FOR 2011    RUSSIAN

Сентябрь 2011

CONTENT

 

 

INTERVIEW OF THE ISSUE

 

ON COURT

 

 

JUDICIAL PRACTICE ANALYSIS

 

Borzykin M.V., Kuznetsov A.M. Practice on Special Types of Liability Stipulated by the Competition Law. Criteria for Penalties Determination
The article covers specific issues of applying such special economic agent’s liability measure as proceeds penalty. It emphasizes practical errors in calculating “turnover penalties” and investigates correlation problems of liability types under antitrust law.
Keywords: antitrust law liability, turnover penalties, restriction of competition, abuse of dominating position
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Y.A. Artemyeva Criteria for Correct Penalty Assessment for Violations of Antitrust Law in Judicial Practice
The article refers to special liabilities for violations of antitrust laws in the form of recovering income received from such violation to the federal budget and in the form of administrative penalty charged on offender’s income from sales of goods (work or services) in the market of committed offence. The author uses the current judicial practice to define the main criteria for an accurate assessment of turnover penalties for the breach of the antitrust law.
Keywords: liability for antitrust law violations, income gained from violation of the antitrust laws, turnover penalty
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Ognevskaya D.V. Antitrust Regulation in the sphere of Medicines Circulation
According to the FAS of Russia, it is necessary to develop a unified approach to establishing product and geographical borders of specific goods circulation for the purposes of sustainable operation of medicine markets and preventing abuses of dominant position on such markets. The article shows a basic approach of antimonopoly bodies to solve the issue of the interchangeability of medicines and defining the production/sales territory of such goods.
Keywords: medicines market, abuse of dominant position on medicines market, review of competition on medicines markets
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Ognevskaya D.V., Kovalev A.V. Regulations and Actions (Omissions) by Authorities to Restrict Competition
A main priority of the FAS of Russia is to reduce administrative barriers and eliminate pressure on the competitive environment by the government bodies. The antimonopoly body shall undertake efficient actions to prevent and suppress such facts, in particular, when something prevents economic agents from entering the commodity market. However, there is no consistency in interpretation and application of restrictions set forth by the competition law, as well as in court’s assessment of the requirement to prove any effects of any actions by authorities in the form of restriction, prevention or termination of competition.
Keywords: reduction of administrative barriers, free competition, antitrust actions of authorities, access to commodities market, law enforcement challenges
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Gorbylev S.V. Development of Antitrust Law in Russia
This article looks both at the history of development of antitrust laws and the history of defining the basic terms in this sector, which changed in accordance with the economic and political situation.
Keywords: competition, monopoly, antitrust law, FAS of Russia, history of antitrust regulation
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Gergert S.A. International and Russian Laws on Competition
The article features an overview of major international legal agreements on competition, from a well-known Paris Convention for the Protection of Industrial Property of 1883, to the International Antitrust Code of WTO, and the analysis of the Russian antitrust laws and issues of implementation of international legal competition provisions in the Russian legal framework.
Keywords: competition, bad faith, international agreements, international antitrust code, WTO, General Agreement on Tariffs and Trade, FAS
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ANALYTICS: SPEAKER’S CORNER

Vishnevsky A.A. Alternative Dispute Resolution Bodies in Today’s Banking Systems
The article studies modern approaches to dispute resolution in the banking system, both involving consumers and professional banking operators and banking system regulator. The article analyzes the different models of bodies investigating disputes involving consumers and evaluates the structure of alternative dispute resolution between banks and regulators in terms of specific bank system logics.
Keywords: alternative dispute resolution, consumer disputes, mediation, bank ombudsman, banking system
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Yeliseyev N.G. Procedural Problems of Judicial Legalization of Unauthorized Construction
The article reviews prerequisites and reasons for claims to recognize title to unauthorized constructions, problems of proper defendants and exclusive jurisdiction of state courts and legal costs distribution.
Keywords: burden of proof, competency, proper claimant, proper defendant, unauthorized construction, legal costs, registration of rights, arbitration
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Kuznetsova L.V. Insured Event in Insuring Liability of Executive Persons
The article covers one of the most challenging issues of liabilities of chief executive persons, i.e. such liability insurance. This issue is complex and relevant due to the absence of any specific legal framework on this matter and increasingly expanding practical application of this institution. The main focus of insuring this type of activity is an insured event: which events shall be deemed insured in such situation and which conditions shall be considered in their definition? This article makes an attempt to answer this and other questions.
Keywords: directors’ liability insurance, insured event, prosecution
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Kostiyk N.V. Some Challenges of Recovery
The issues of good faith property purchase and owner’s right for recovery refer to the most challenging area of the civil law. This article addresses a set of problems arising in recovery which includes vindication of property sold under judicial acts, vindication of money and securities, assets subjected to change and vindication of interest in title. The author gives recommendations on resolving problems related to the above legal regulation.
Keywords: ownership right protection, vindication, illegal possession of property, good faith buyer
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APPLICATION PRACTICE OF ARBITRATION PROCEDURE CODE

 

FACES OF COURT