ARCHIVE FOR 2012 RUSSIAN
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Июнь 2012
CONTENT
INTERVIEW OF THE ISSUE
ON COURT
R.M.Kurmaev, V.V.Malinin The latest tendencies of compensation of losses and penalties in arbitration practice The article deals with the most challenging issues with regard to changing the court practice in the sphere of compensation of penalties and losses. It describes the reforms initiated by the Supreme Arbitration Court of the Russian Federation (hereinafter - "the VAS RF") in the sphere of the fundamental problems of recovery of penalties as well as the related peculiarities of compensation of losses. Special attention is drawn to the procedural issues of recovery of penalties in the judicial procedure. In particular, the authors evolved the current peculiarities of the burden, the means and procedure of proving the proportionality of the penalty to the consequences of civil infringement.
Keywords:
penalty, proportionality of penalty, abstract losses, reasonableness of the amount, the rules of the first instance court
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D.V.Dobrachev The main amendments to the civil law related to proving of losses A draft of the amendments to the CC RF makes substantial additions to the regulations on compensation of losses and proving the amount thereof. The author makes note of certain tendencies related to unification of compensation of losses according to international civil institutions, as well as to borrowing the most effective models of legislative settlement of losses from the developed legislative systems and expanding of the sphere of application of the court's discretion.
Keywords:
abstract and actual losses, lost profit, defence of creditor's rights, court's discretion
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ANALYTICS: SPEAKER’S CORNER
Yu.V.Litovtseva Comparative analysis of effectiveness of conciliation procedures This article focuses on comparison of the procedure of mediation and other healing measures used in the first turn in economic disputes (negotiations, mediation and arbitration) as well as on comparison of the effectiveness of such procedures and the process of examination of the case by a state court.
Keywords:
healing measures, negotiations, commercial arbitration, mediation
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M.G.Abakumova The right to a fair trial The author suggests classifying the circumstances arising doubts as to the impartiality of the judges into those certainly resulting in challenging the judge and those requiring an evaluation of impartiality.
Keywords:
impartiality of the judge, challenging of the judge, evaluation of judge's impartiality, civil legal proceedings
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V.V.Petrova The problems of realization of legislative guarantees during termination of bankruptcy proceedings The situation where no legislative differences are established between informing the tax authority as a party in bankruptcy proceedings and as the registrator making entries in the Unified Register of Legal Entities, can result in conflicts in practice. This article deals with one of such conflicts related to observation of bankruptcy creditors' guarantees for appealing against the ruling on termination of bankruptcy proceedings.
Keywords:
Key words: insolvency, bankruptcy, termination of bankruptcy proceedings, liquidation of a legal entity, informing the tax authority, rights of bankruptcy creditors, appealing against commercial court's rulings
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E.A.Artemyeva Competition advocacy: the notion, the role of courts in its realization This article provides a scientific analysis of the examined notion and describes the mechanisms for realization of competition advocacy. Based on the study of anti-monopoly legislation and the existing judicial practice, the article provides evaluation of the role of courts in competition advocacy taking into consideration the status of a particular subject; various adopted ways of realization of competition advocacy by the courts are suggested.
Keywords:
defending competition, competition advocacy, anti-monopoly legislation, anti-monopoly authority
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V.Z.Uddina Bankruptcy of a real estate developer: amendments to legislation and judicial practice The article is dedicated to the problems which emerge in practice due to introduction of the particular features of bankruptcy of such category of debtors as real estate developers. The author explains the necessity of introduction of a special procedure in this sphere and underlines the problems which the courts face in the first turn due to application of the mechanism of settlement of claims of the creditors included in the register of claims, based on the actual fulfillment of the obligations to the participants of the construction, as well as its correlation with the settlement of the monetary claims against the real estate developer.
Keywords:
insolvency, bankruptcy, real estate developer, participatory interest in construction, investors' rights, actual execution of duties
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APPLICATION PRACTICE OF ARBITRATION PROCEDURE CODE
FACES OF COURT
