Magazine content за Март 2012 г.
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ARCHIVE FOR 2012    RUSSIAN

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Март 2012

CONTENT

 

 

OFFICIAL SECTION

 

 

 

 

COURT PRACTICE

 

 

IN COURTS OF WEST SIBERIA

 

THEORY AND PRACTICE

T.A. Zinovyeva Paid services rendering in IT field
Relevant questions arising in arbitration practice while settlement of disputes on rendering of services using modern electronic technology are analyzed in the article.
Keywords: IT technologies, communication services, telecommunication services, MAC address, unauthorized access
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E.V. Titaeva Rendering of legal services (contract conclusion matters)
The matter of legal services contract conclusion considering the reasons introduced by the parties is reviewed in the article with specific reference, and the relevance of condition on term of such contract is analyzed.
Keywords: essence of contract, paid legal services agreement, contractual condition on terms of services rendering
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D.V. Kniazev Force to provide evidence in ordinary arbitration proceeding (judicial practice analysis)
As a result of judicial practice analysis the author has drawn the conclusions: the courts ambiguously understood the provision of law on arbitration court right to present the evidence; there are significant various readings when imposition of fine for non-fulfillment of the court’s appeal (compelling) to present any evidence; reclamation of evidence may be possible only under the other party's application.
Keywords: arbitration proceedings, evidence, evidence reclamation, fine, coercion of parties
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M.S. Novokshonova Participatory construction members remedy when tenant builder is bankrupt
This article is devoted to the problem of legal regulation of participatory construction members remedy when tenant builder is bankrupt. The author investigates the ways of interest-holder’s remedy on a legal basis, the problems of enforcement in practice and the ways of their solution.
Keywords: interest-holder, tenant builder bankruptcy, partnership agreement, measures of state support
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A.G. Boltunova Subject matter of contractor’s obligations discharge under the paid services agreement
The subject matter of contractor’s obligations under the paid services agreement consists in performance of specific actions by the contractor, used by the customer in the process of services rendering, leading to non-embodiment result.
Keywords: execution subject matter, proof of performance
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K.K. Ivanov Discrete role of legal due diligence in law making process
The article is devoted to draft law due diligence, which is the most important stage of law making process. The stages and steps of due diligence and the way of application are analyzed.
Keywords: legal due diligence, draft law, legislative technique, law making process
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K.V. Tychkin Problem of reimbursement of expenses for the arbitration proceedings representative service payment
The article depicts the existing problem related to decrease by the arbitration courts of expenses for court representative service payment. Regulatory background, position of the Constitutional Court of the Russian Federation, legal expenses collection of the Supreme Arbitration Court of the Russian Federation, risks assessment and advices on their overcoming are described.
Keywords: reasonable reimbursement of expenses for the representative service payment, responsibility of defeated party in a lawsuit, representative services in arbitration proceedings
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