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ARCHIVE FOR 2012    RUSSIAN

Февраль 2012

CONTENT

 

 

EDITOR’S COLUMN

 

FREE TRIBUNE

Asoskov A.V. , Kurzinski-Singer E. Scope Of Validity Of Legal Judgments And Arbitral Awards For General Public
The article provides a rather-legal analysis of the problem of the subjective scope of validity of legal judgments and arbitral awards. The authors come to the conclusion that the lateral rendering (arisen in the Soviet procedural law) of the legal judgments’ binding power principle comes into an irreconcilable conflict with modern procedural adversarial and optionality principles, and also impedes the effective development of arbitration proceedings.
Keywords: legal judgments’ binding power, prejudicialness, arbitral award, third parties in arbitration proceedings
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Reshetnikova I.V. Admissibility Of Evidence In Modern Arbitration Procedural Legislation
Not only the evidence obtained with the use of improper instruments of proof is inadmissible, but also the evidence obtained in contravention of the law. That is why as a general rule one must consider undiscovered evidence and additional evidence submitted in a Court of Appeal to be inadmissible.
Keywords: evidence, admissibility of evidence, discovery of evidence, security for a claim
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Povetkina Ye.L. , Demenkova Ye.V. Problems Of Cadastral Values Reconsideration (Contestation)
The authors analyze the legislation and the practice of the courts in relation to the issues of correlation between the cadastral and market values, consequences of the plots of land’s cadastral values reconsideration, methods and order of the cadastral valuation results’ contestation.
Keywords: State Immovable Property Cadastre, cadastral value, valuation activities
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EVENTS AND COMMENTS

 

Kuznetsov S.A. Vindication by a Temporary Manager of the Debtor’s Property from Unlawful Possession by Other Persons. Commentary on the RF SCC Presidium Ruling of 9 March 2011 № 13815/10
In the author’s opinion, as a general rule a temporary manager is not entitled to require vindication of the debtor’s property, since it does not correspond to the observation procedure’s tasks. Nevertheless a temporary manager acquires the right for the vindicatory action in case if the property was withdrawn from the debtor’s possession as a result of a transaction made by him with the violation of the bankruptcy laws.
Keywords: bankruptcy, observation, temporary manager, vindication
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MATERIALS OF THE PLENUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

 

 

 

 

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