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ARCHIVE FOR 2011    RUSSIAN

Декабрь 2011

CONTENT

 

 

EDITOR’S COLUMN

 

FREE TRIBUNE

S.A. Belov The importance and prospect of codification of Russian administrative law
This article justifies the need for creation of the Administrative Code of Russia that would govern general issues of administrative relations and would solve a range of practical problems, such as setting forth universal criteria for administrative capacity, representation in administrative relations, an administrative agreement, administrative procedures, a mechanism for creating administrative authorities and conditions for such administrative authorities to exercise their administrative competences. The article also describes foreign experience in systematization of administrative law, analyses and criticizes the point of view of Russian authors who think that general codification of administrative law is impossible.
Keywords: systematization, codification, administrative law, Administrative Code
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R.I. Saifullin Competition between a creditor’s claim and a guarantor’s right of recourse
Competition between a creditor’s claim and a guarantor’s right of recourse against an obligor shall be limited in the interests of the creditor. So, until the primary obligation is fully performed, the guarantor should not be entitled to exercise its right received as a result of partial subrogation. However, the guarantor should not be limited in raising any claim arising out of its internal relations with the obligor.
Keywords: guarantee, subrogation, recourse, plurality of persons
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A.A. Smola Legal positions of the Supreme Commercial Court of Russia as new circumstances
Formation of the legal position of the Supreme Commercial Court of Russia is a new circumstance being the ground for revision of judicial acts. The author analyses the conditions of filing such applications and the procedure for application of legal positions of the Presidium of the Supreme Commercial Court of Russia.
Keywords: legal position, new circumstances, precedent
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EVENTS AND COMMENTS

N.Y. Rasskazova Regulation of security interest arising in case of encumbrance of real estate with creditor’s rights: European experience
In the second part of her comment the author analyzes the dynamics of security relationships in accordance with the provisions of IX DCFR: how security arises and affects third persons, the nature of relationships between the parties before default on the primary obligation, termination of security, enforcement of security.
Keywords: security interest, lien, retention of title
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S.A. Gromov A drastic change in the practice of application of leasing laws
The second part of the comment is dedicated to the issues of exercise of caution by the lessor when providing funds to the seller, to the issue of undisputed debiting of lease payments from the lessee’s bank account and to the most disputable aspect of lease relations – consequence of termination of a lease agreement.
Keywords: leasing, collection of payments, termination of agreement, unjust enrichment
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MATERIALS OF THE PLENUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

Resolution of the Plenary Session of the Supreme Commercial Court of the Russian Federation No. 72 dated November 17, 2011
On Certain Issues of Practice of Adjudication of Disputes Connected with Payment of Utility Bills

 

Resolution of the Plenary Session of the Supreme Commercial Court of the Russian Federation No. 63 dated October 6, 2011
On Bringing in a Draft Federal Law “On Amendments to Article 26 of the Federal Law “On the Bodies of the Community of Judges in the Russian Federation” to the State Duma of the Federal Assembly of the Russian Federation

 

 

 

RESOLUTIONS AND DECISIONS OF THE PRESIDIUM OF THE SUPREME COMMERCIAL COURT OF THE RUSSIAN FEDERATION