Magazine content за Июнь 2012 г.
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ARCHIVE FOR 2012    RUSSIAN

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Июнь 2012

CONTENT

 

Contents

 

OFFICIAL SECTION

Roundtable on practice of administration of the legislation on realization of the rights of shareholders and managing company members to management, ownership of the shares in the companies, leaving the membership in the companies

 

Roundtable "New provisions of the Russian tax legislation and some aspects of examination of tax disputes by commercial courts"

 

The second joint meeting of the judges of the Federal Commercial Court of the West Siberian District and representatives of the Division of the Federal Commercial Court (hereinafter - "the UFAS") in the Tyumen Region

 

A joint regional training and methodological seminar with participation of judges of the Federal Commercial Court of the West Siberian District and representatives of the Prosecutor's Office of the Tyumen Region

 

COURT PRACTICE

Review of commercial court disputes in the sphere of insolvency (bankruptcy) Some judicial practice issues arising with approval of friendly settlements in the cases of insolvency (bankruptcy)

 

Some judicial practice issues arising with approval of friendly settlements in the cases of insolvency (bankruptcy)

 

Pending judicial practice issues related to cases of insolvency (bankruptcy)

 

Some approaches to examination of the cases of insolvency (bankruptcy) in commercial court of appeal (the example of the Eighth Commercial Court of Appeal)

 

IN COURTS OF WEST SIBERIA

Administrations of the courts of West Siberian District

 

THEORY AND PRACTICE

L.Ya.Mikyanetz Repayment of debt to the notary's deposit in bankruptcy cases
This article is dedicated to the problems which arise in the judicial practice with application of the provisions of Federal Law of 26.10.2002 No. 127-FZ "On Insolvency (Bankruptcy)" (hereinafter — the Bankruptcy Law), concerning to transferring by the applicants of the debt amounts under the register of creditor's claims against the debtor to the notary's deposit. The said problems as well as the interest to the subject of the study arised with examination in the court of only one bankruptcy case within the framework of which there were submitted 14 applications stating the applicants' intentions to repay the creditors' claims, part of those indicating such way of performance of the obligations as transfer of funds to the notary's deposit.
Keywords: bankruptcy, intention to repay the creditors' claims, notary's deposit
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V.V.Kress The problems of countering to including in the register of non-grounded creditors' claims with bankruptcy cases
The article is dedicated to the analysis of the problems emerging in the commercial courts' practice which are related to prevention of including in the register of non-grounded creditors' claims under bankruptcy cases.
Keywords: bankruptcy, establishment of claims, countering to including in the register of non-grounded claims
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M.B.Bespalov The issues of judicial practice for administration of the Bankruptcy Law in the part of consideration of the complaints against the actions of the liquidator and other issues related to fulfillment of their obligations.
The article is dedicated to defining the role of the liquidator in bankruptcy proceedings, the peculiarities of consideration of the cases related to complaints against liquidators' actions. The article attempts to define the criteria for recognition of the liquidators' actions as illegal.
Keywords: Key words: liquidator, bankruptcy, complaints against the actions
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V.I.Shukshin, L.V.Burmatnova On some issues of setting up by the court of the requirements in the cases of real estate developers' bankruptcy
The issue of real estate developers' bankruptcy and establishment, within the framework of the case, the claims of the construction participants and bankruptcy creditors, is a very urgent one and requires detailed examination. The article features some specific moments arising with establishment by the court of the requirements in the cases of real estate developers' bankruptcy.
Keywords: bankruptcy, real estate developer, members of the construction, requirements to the real estate developer
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I.A.Opolskaya The issues of effectiveness of conducting bankruptcy proceedings, prospects for development of conservatorship institute
The article features the most urgent issues emerging with examination of bankruptcy cases, based on judicial practice. Taking into consideration that achievement of the bankruptcy objective depends on the bankruptcy commissioner who is the main figure in the cases of business entities' bankruptcy, the opinion on the ways of increasing the effectiveness of conducting bankruptcy proceedings is expressed.
Keywords: professional bankruptcy commissioner, responsibility of the liquidator, effectiveness of bankruptcy proceedings
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V.V.Lebedev Bankruptcy of credit consumer cooperatives: amendments to the legislation and the practice of examination of the disputes by the Kemerovo Region Commercial Court
This article is dedicated to the issues arising with examination of the disputes on bankruptcy of credit consumer cooperatives. The author analyzed the amendments to the legislation in the sphere of bankruptcy of credit consumer cooperatives, as well as showed, with the example of the bankruptcy of the region's largest credit consumer cooperative MFPS "Guryanin", the problems discovered by practice and the ways for their solution.
Keywords: fund investor, credit consumer cooperative, bankruptcy of credit consumer cooperative, providing the citizens' rights to court defence
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Zh.A.Vasilyeva The practice of arbitration courts meets the requirements of liquidators
The article is dedicated to the right of liquidators in bankruptcy cases to receive from the debtor's managers and from other persons all the documents, assets and information needed for carrying out bankruptcy proceedings and, accordingly, the corresponding obligation of the debtor's managers to provide the documents, assets and information to the liquidator.
Keywords: rights of liquidators for receiving of the documents, obligation of the debtor's managers to submit the documents
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I.V.Frolov Bankruptcy legislation and its realization in the commercial courts' practice: legal tendencies and economic consequences
The article analyzes the static results of effecting bankruptcy proceedings. An analysis of the amount of rehabilitation and liquidation procedures has been carried out as well. Conclusions of the economical and legal consequences of bankruptcy cases have been made. The article sets up the main tendencies of legal regulation of bankruptcy in the Russian Federation.
Keywords: bankruptcy, commercial court, examination of bankruptcy cases
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A.V.Dzhaltsanov Bankruptcy of a liquidated debtor as one of simplified procedures applied with bankruptcy cases
The article is dedicated to the peculiarities and specifics of the simplified bankruptcy procedure for the liquidated debtor, administration with relation to the debtor of bankruptcy proceedings based on a creditor's application, as well as the possibility of attraction of the subjects of the simplified bankruptcy procedure for the debtor to subsidiary responsibility.
Keywords: simplified bankruptcy procedure, liquidated debtor, liquidation committee (liquidator), interim liquidation balance, subsidiary responsibility
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INTERESTING CASE. COMMENTS OF EXPERTS

Decision of the Presidium of the Supreme Arbitration Court of the Russian Federation of 20.03.2012 No. 14104/11

 

ABOUT WORK AND PRIVATE LIFE

L.R.Litvintseva "It is possible to decrease the burden on commercial courts in the first turn by way of increasing the level of legislative culture and legal consciousness of our citizens"

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I.V.Sorokina "The renewed Civil Code is another revolutionary stage in this country's development, hence its approval will result in great advantages".

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