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Октябрь 2011




Chief editor’s column


Interview of the issue

A.K. Nesterenko Business willing to build partnership relations with public authorities
Alexandra Konstantinovna NESTERENKO, President of the Russian Corporate Counsel Association, answers questions asked by Jan Piskunov, the Editor-in-Chief of LAW Journal.
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The Event. Comments of the Experts

Third anti-trust package
On September 9, 2011, the State Duma approved in the first reading third anti-trust package of laws drafted by the Federal Antimonopoly Service of Russia and tabled by the Government of Russia. What will business win, if the package is adopted? What are the pain spots of this draft law? What issues should be tackled with the forth anti-trust package? We addressed these questions to our experts.


Topic of the issue

A.M. Kurennoy Each new generation of politicians and managers not to develop its own code
Alexander Mikhailovich KURENNOY, the head of Labour Law Department of the Lomonosov Moscow State University, answers questions asked by the Vladimir Rumakov, the topic editor of LAW Journal.
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S.Y. Golovina Determining the limits of contractual regulation of labour relations
This article raises the issue of optimization of the method in labour law in today's conditions. It justifies the need for legislative determination of certain limits for contractual regulation of labour relations, in particular, when establishing individual terms and conditions of a labour contract that significantly differ from standard regulations.
Keywords: method in labour law, contractual regulation, labour relations
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A.M. Lushnikov Personal data as a type of information in labour law: problems of theory and practice
This article is dedicated to the concept and classification of information in labour law, and to one of its type - personal data. The author suggests a classification and a list of types of personal data and provides an overview of the current regulatory framework for personal data processing. Practical problems of law enforcement are identified, and ways to solve them are suggested.
Keywords: information in labour law, personal data, employee-related information, information processing and protection
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V.V. Lipkovskaya Non-compete agreement as a way to protect employer's interest
This article deals with non-compete agreement in labour law. The article analyzes foreign experience of application of such agreements, evaluates the prospects of their legalization in Russian law, given the existing relations in the field of labour and social policy.
Keywords: non-compete agreement, trade secret protection, employer's interests, freedom of labour
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A.V. Slepov Insider information in labour relations
HR officers and counsels of many companies have a headache now: insider information laws. What steps are to be taken with respect to labour relations? What is in common between introduction of a trade secret regimen and a complex of steps to comply with insider trading law? What positions are to be introduced in the company? Is dismissing an employee for disclosure of insider information allowed? This article will help find answers to these and other questions.
Keywords: insider information, insider trading law, labour relations
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M.V. Lushnikova Law of conflicts in regulation of international labour relations: theoretical problems and todays' practice
When determining the law applicable to international labour relations courts have to solve a difficult task of selecting statutory regulations of the relevant jurisdiction based on conflict formulas (anchors) of autonomy of will, place of employment, etc. This article is dedicated to the problems of theory and practice of the development and application of conflict rules in the field of labour relations. The problems raised are studied based on a comparative legal approach, suggestions are put forward with respect to harmonization and systematization of conflict regulation of international labour relations both by Russian law and within international EurAsEC treaties.
Keywords: conflict rules in labour law, international private law, international labour relations
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A.A. Ivanova, M.S. Kuznechikhina Recommendations for application of working hours schemes
Working hours schemes stipulated by the Labour Code provide a good deal of opportunities for optimizing the work process in the interests of both the employer and the employee. However, law does not give definite answers to the question regarding introduction of different working hours schemes, their combination or application to certain categories of employees. The authors of this article, who have experience of work in manufacturing companies, analyze the peculiarities and advantages of using different schemes and offer practical recommendation for employers.
Keywords: working hours, irregular working hours, flexible working hours, shift work, summing up of worked hours
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N.V. Krasnova Application of rules of procedure in reinstatement of employment disputes
Actions for reinstatement of employment are among the most difficult labour disputes. This article is dedicated to procedural peculiarities of trial of such cases and includes some recommendations how to avoid mistakes during trial.
Keywords: labour disputes, suits for reinstatement of employment, line of authority, submission to jurisdiction, civil proceedings
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Discussion Board

A.S. Selivanovsky, M.E. Selivanovskaya General meeting and representative of bond holders: who wins?
This article analyzes the initiative to introduce two new institutions into the Russian law - a representative of bond holders and a general meeting of bond holders. Analysis of the legal relations arising between the representative of bond holders and bond holders, and between he representative of bond holders and the issuer reveals a serious conflict of interest.
Keywords: representative of bond holders, conflict of interests, bonds, general meeting of bond holders, trustee
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Theory and practice

O.A. Makarova Qualitative changes in boards of directors of joint stock companies with participation of state
The author provides an overview of qualitative changes in the boards of directors of joint stock companies with participation of the state aimed at dismissal of public officials from the boards of directors. This article raises the question of legal regulation of the activity of professional attorneys and independent director of joint stock companies with participation of the state.
Keywords: joint stock companies with participation of the state, professional attorneys, independent directors, public officials
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K.I. Ryabov Contents of PC software license agreement based on intended function
This article analyzes the rights, obligations and liability of the parties to a PC software license agreement based on intended function from the point of view of general civil law provisions on obligations and agreements, and taking into consideration international experience. The need for such research is explained by almost total lack of relevant provisions in Russian civil law.
Keywords: PC software, exclusive right, license agreement, civil and legal liability
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K.B. Ryzhov Peculiarities of free evaluation of written evidence by court
Free evaluation by court of evidence based on moral certainty precedes court decision and forms the basis of its statement of motivation. Due to this fact, many researches believe that free evaluation is a separate principle of civil proceedings. At the same time, evaluation and examination of written evidence have a number of peculiarities attributable both to the specific nature of documents subject to examination and to peculiarities of statutory regulation of such evaluation.
Keywords: free evaluation of evidence, evidence and proof, civil proceedings, moral certainty of judge
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M.M. Emeliyanov Enforcement fee for enforcement against pledged property
This article is dedicated to disputable issues of determining the amount and peculiarities of collection of an enforcement fee related to enforcement against of pledge property.
Keywords: enforcement proceedings, enforcement fee, enforcement against pledged property, enforcement
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A.L. Nazykov Delimitation of state ownership of lands of resorts of federal importance and stability of rights to lands
This article deals with the problems of protection of resort-cities' municipal ownership of lands of resorts of federal importance and reservation of rights to lands of resort territories in connection with the fact that law classifies such lands as property of municipal districts.
Keywords: resort of federal importance, delimitation of state ownership of land, rent, vindication, period of limitation, recognition of an encumbrance nonexistent
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E.I. Sycheva Conclusion of agreement arising out of administrative and other public relations with respect to tax disputes
This article is dedicated to analysis of an opportunity of making agreements arising out of administrative and other public relations in tax disputes. Agreements arising out of administrative and other public relations are not equal to amicable agreements. Special attention is paid to the admissibility of such agreements between tax authorities and taxpayers.
Keywords: agreements arising out of administrative and other public relations, amicable agreement, public relations, imperative method of regulation, tax relations
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O.V. Cherepanova About issues arising during enforcement of Russian code of arbitration procedure and related to organization and use of video conference communication
This article provides an analysis of the provisions of Russian Code of Arbitration Procedure governing the use of video conference communication. The author provides an overview of legal and organizational issues arising at courts of arbitration during application of the said provisions and suggests solutions.
Keywords: arbitration proceedings, vide conference communication, court order, court session, availability of justice
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Foreign experience

I.R. Medvedev Request to admit in U.S. civil process: use during trial of a case
This article deals with precepts of the US law of procedure that determine the time to respond to a request to admit and the consequences of delays, peculiarities of evaluation of requests to admit by court during trial, possibility for withdrawal (amendment) of admission, and penalties for a failure to comply with FRCP Rule 36.
Keywords: civil proceedings in the United States, request to admit, time to respond, evaluation of responses, procedural sanctions
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G.V. Melnichuk Standards of evaluation of discretionary acts in the US administrative law
This article is dedicated to analysis of the standards of evaluation of regulatory acts adopted by public authorities within their discretionary powers. By example of the US administrative law, the author provides an overview of issues related to administrative discretion, its boundaries, methods of statutory regulation, standards for verification of decisions taken by public authorities, as stipulated by law and used in law enforcement practices by courts.
Keywords: evaluation standards, US administrative law, discretion, discretionary powers
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Actual classic