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ARCHIVE FOR 2012    RUSSIAN

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Январь 2012

CONTENT

 

 

EDITOR’S COLUMN

 

V.F. Yakovlev Experience in Establishing Arbitrary Courts
This year the Russian arbitrary system celebrates its 20th anniversary. Veniamin Fedorovich Yakovlev – the last Chief State Arbitrator of the USSR, the only Chairman of the USSR Supreme Arbitration Court, the first Chairman of the Supreme Arbitration Court of the Russian Federation – tells about the causes and circumstances of its creation.

 

V.V. Vitryanskiy Civil Law Contract System under the Conditions of the Civil Legislation Restructuring
The author describes the civil law contract system, envisaged by the current RF CC and analyses separate conceptual amendments which are planned to be introduced into the Russian contractual law within the limits of the civil legislation reform. Special attention is paid to a corporative contract, a property contract and special contractual structures (a standard contract, a contract of adhesion, a preliminary contract, an option, and a subscriber contract).
Keywords: a contract classification, a corporative contract, a property contract, and special contractual structures.
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L.A. Novoselova Pledge of Receivables
The pledge of receivables’ structure considerably differs from charge over things and requires resolving of a great many specific issues: for whom the execution over the pledged receivables shall be made; how the injunctive transfer of such a receivable to a pledge-holder matches up with the cession; on the order of receivables’ realization etc. Some of these problems are planned to be resolved in the process of the civil legislation reform.
Keywords: a pledge of receivables, a cession, securing obligations.
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I.V. Panova Judicial Proceeding Within the Context of the Russian Legal Culture
The article reviews the issues of correlation between the classical European judiciary culture and its ability to integrate into the Russian legal culture, increase of the court authority in the Russian community, and specifics of the domestic legal tradition. The author defends the necessity to develop a national-oriented, organic judicial system and touches upon other issues associated with a gradual formation of such a model of legal structure and judicial proceeding, which will take into account both the international experience and traditions of domestic judicial law.
Keywords: a legal culture and administrative justice.
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V.V. Vasnev Time Period of Entry of a Contract into Force. Comment to Clause 1 of Article 425 of the RF Civil Code
In the author’s opinion, it is viable to assume that a binding contract constitutes an obligation at the moment of its concluding, even if the parties have agreed a later moment of entry of the contract into force. There is no necessity in the structure of a deferred liability, since its regime coincides with the regime of a non-mature obligation.
Keywords: contract validity, entry of a contract into force, suspensive term, and maturity
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MATERIALS OF THE PLENUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

Decree of the Plenary Session of the Supreme Arbitration Court of the Russian Federation of November 10, 2011 No. 70
«On Particular Issues Associated with Participation of Arbitration Court Assessors in Administration of Justice »

 

Decree of the Plenary Session of the Supreme Arbitration Court of the Russian Federation of November 10, 2011 No. 71
«Concerning Introduction Of Changes Into Particular Decrees Of The Plenary Session Of The Supreme Arbitration Court Of The Russian Federation Associated With The Conduct By Arbitration Courts Of The Proceedings On Administrative Violations And Concerning The Annulment Of The Decree Of The Arbitration Court Of The Russian Federation Of 20.06.2007 No. 41 «Concerning The Application By Arbitrary Courts Of Article 14 Of The Federal Law 'On Enforcement Proceedings’ With Regard To Regulation Of Time Periods For Presenting For Execution Of The Decrees Of Bodies (Functionaries) Who Are Authorized To Conduct Court Proceedings On Administrative Violations»

 

Decree of the Plenary Session of the Supreme Arbitration Court of the Russian Federation of November 17, 2011, No. 73
«Concerning Particular Issues Of The Practice In The Application Of The Rules Of The Civil Code Of The Russian Federation On Rental Agreement»

 

INFORMATION LETTERS OF THE PRESIDIUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

Memorandum of the Presidium of the Supreme Arbitration Court of the Russian Federation of November 17, 2011, No. 148
«Review of Practical Experience of the Resolution by Arbitration Courts of Cases Associated With the Application of Particular Provisions of Chapter 30 of the Tax Code of the Russian Federation»

 

 

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