ARCHIVE FOR 2011 RUSSIAN
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Ноябрь 2011
CONTENT
EDITOR’S COLUMN
FREE TRIBUNE
Yudin A.V. Problems of using compulsory means to obtain evidence in the arbitration and civil proceedings CComP RF and CCivP RF establish the duty of persons to submit the evidences at the request of the court, as well as the fine sanctions, ensuring the execution of this duty. However, the actual procedural mechanisms to obtain evidence in case of person's failure to execute the requirement of the court on a voluntary basis are absent. The author expresses proposals, aimed at filling gaps in this area.
Keywords:
request of evidences, securing of evidences, court fine.
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Lyupoy M.A. On the recent changes in the civil procedural law of Italy This article describes the major reforms of the Italian civil proceedings, conducted in recent years. Similar reforms have been implemented or are being prepared and in the Russian arbitration process: the limitation of the access to the highest court, strengthening of the procedural responsibility, introduction of simplified forms of the proceedings, meditative procedures, procedures of consideration of the class actions, etc.
Keywords:
civil and arbitration processes, simplified proceeding, mediation, class actions
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EVENTS AND COMMENTS
Gromov S.A. The radical change in the practice of application of the leasing activity law On July 2011 the Presidium of the Supreme Arbitration Court of the Russian Federation has adopted five judgments, in which were formulated the legal positions, forming the practice of the leasing law application. The author criticizes many of the new approaches, because they are based on an interpretation of leasing as an attitude of providing property to rent, rather than providing funding.
Keywords:
leasing, redemption price, amortization
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MATERIALS OF THE PLENUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION
INFORMATION LETTERS OF THE PRESIDIUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION
RESOLUTIONS AND DECISIONS OF THE PRESIDIUM OF THE SUPREME COMMERCIAL COURT OF THE RUSSIAN FEDERATION
