Magazine content за Май 2012 г.
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ARCHIVE FOR 2012    RUSSIAN

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Май 2012

CONTENT

 

Table of Contents

 

EDITOR’S COLUMN

Editorial by V.V. Vasnev

 

FREE TRIBUNE

E.A. Krasheninnikov The Concept of Civil Liability
Based on the grounds for civil liability, the author defines it as an offender’s protective civil duty that can be enforced by the state, which enforcement entails the offender being deprived of his/her property.
Keywords: civil liability, protective civil duty, state enforcement
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I.V. Panova The Problems of Administrative Hearing
The second part of article is dedicated to procedural matters related to administrative hearing, in particular to the issues of jurisdiction and inconsistencies between the Russian Code of Administrative Offence and the Russian Code of Arbitration Procedure.
Keywords: administrative disputes, administrative proceedings, jurisdiction
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S.V. Ovsyannikov Russian thin capitalization rules: rehabilitation or a development impulse? Comment on Resolution of the Presidium of the Supreme Commercial Court of the Russian Federation No. 8654/11 dated November 15, 2011
The fact that the Russian Federation has made a double taxation treaty shall not prevent application of the rules of the Tax Code of the Russian Federation, whereby interest on debts due from the taxpayer to its major shareholder shall be classified as expenses (thin capitalization rule).
Keywords: thin capitalization, corporate income tax, reasonableness of tax benefits
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D.E. Osipov Purchasing a publicly owned land plot on favourable terms. Comment on Resolution of the Presidium of the Supreme Commercial Court of the Russian Federation No. 14649/08 dated April 9, 2009

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Overview of legal views of the Presidium of the Supreme Commercial Court of the Russian Federation on matters of private law
This overview describes legal views contained in resolutions of the Presidium of the Supreme Commercial Court of the Russian Federation posted to its website at www.arbitr.ru in March 2012. This overview is prepared by private law department of the Supreme Commercial Court of Russia for reference only and does not constitute an official position of the Supreme Commercial Court of Russia.

 

MATERIALS OF THE PLENUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

Resolution of the Plenum of the Supreme Commercial Court of the Russian Federation No. 11 dated March 23, 2012
“On Submission of Draft Federal Law “On Territorial Jurisdiction of the Commercial Court of the Moscow Region and the Commercial Court of Moscow" to the State Duma of the Federal Assembly of the Russian Federation”

 

Resolution of the Plenum of the Supreme Commercial Court of the Russian Federation No. 12 dated March 23, 2012
“On Amendments to Resolution of the Plenum of the Supreme Commercial Court of the Russian Federation No. 52 dated 30.06.2011 “On Application of the Code of Arbitration Procedure of the Russian Federation for Revision of Judicial Acts in View of New or Newly Discovered Facts “

 

Resolution of the Plenum of the Supreme Commercial Court of the Russian Federation No. 13 dated March 23, 2012
“On Amendments to Resolution of the Plenum of the Supreme Commercial Court of the Russian Federation No. 26 dated July 3, 1995 “On Approval of Permanent Locations of Federal Commercial Courts of Districts”

 

Resolution of the Plenum of the Supreme Commercial Court of the Russian Federation No. 14 dated March 23, 2012
On Certain Issues of the Practice of Resolution of Disputes related to Challenging of Bank Guarantees

 

Resolution of the Plenum of the Supreme Commercial Court of the Russian Federation No. 15 dated March 23, 2012
On Certain Issues of Participation of the Prosecutor in Arbitration Proceedings

 

Appointments

 

On appointment of commercial court assessors

 

RULING OF THE PRESIDIUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

Application of civil, tax, procedural and administrative law with the index to court practice

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