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ARCHIVE FOR 2012    RUSSIAN

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Август 2012

CONTENT

 

Table of Contents You can read this article

 

EDITOR’S COLUMN

Editorial by V.V. Vasnev

 

FREE TRIBUNE

R.S. Bevzenko Good Faith of Holder of Pledge as grounds for Acquisition of Lien
The author proposes a justification of the recent legal position adopted by the Supreme Commercial Court, according to which a bona fide holder of pledge shall be granted the same protection as a bona fide holder of title.
Keywords: bona fide holder of pledge, recovery
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R.M. Khodykin Arbitration Assessors: Sign of maturity of Society or Foreign Element in Russian Arbitration Proceedings?
Currently, the institution of arbitration assessors is ineffective, and, hence, is not popular. The author being guided by the so-called model of impartial specialists proposes significant changes to legal regulation of this institution.
Keywords: arbitration assessors, court composition, people’s court
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S.S. Zavriev, A.I. Leschenko More Complicated Court Proceedings
September 24, 2012 is the effective date of the revised edition of the Russian Code of Arbitration Procedure regarding simplified proceedings. The authors analyze these amendments and share their opinion as to what difficulties during application of the amendments.
Keywords: simplified proceedings, certain categories of cases, arbitration proceedings
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S.V. Lazarev Issues of Independence of Experts and Quality of Expert Opinion during Arbitration Proceedings
The author studies and proposes solutions to certain problems connected with an expert examination during arbitration proceedings. Special attention is paid to the relations arising in connection with payment of consideration to the expert that has produced a poor expert opinion.
Keywords: expert, expert opinion, legal costs
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M.A. Rozhkova, D.V. Afanasiev European Court of Human Rights: Completed and Forthcoming Reforms of Trial Procedure
The excessive number of complaints filed to ECHR has necessitated improving the trial procedure applied by the court: such reform should reduce the work load on judges and enhance performance of the Court. The authors review the changes that have already been completed, as well as those planned.
Keywords: ECHR, Convention for the Protection of Human Rights and Fundamental Freedoms, material damage
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А.М. Kopylov Certain Issues of Right of Easement in Court Practice
In the resolution commented on in this article the Presidium of the Supreme Commercial Court of Russia stated its legal position, whereby violation by the defendant of the plaintiff’s rights shall not be included in the fact in issue within any dispute related to the establishment of easement, and any action regarding the establishment of easement shall not be prevented from being satisfied by any right of the plaintiff to use an official plot of land under any obligation. In addition, the Presidium of the Supreme Commercial Court of Russia set forth the criteria to determine the amount of payment for easement.
Keywords: easement, limited property rights
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Overview of legal positions of the Presidium of the Supreme Commercial Court of the Russian Federation on Issues of Private Law
This overview describes legal positions contained in resolutions of the Supreme Commercial Court of Russia posted to its website at ww.arbitr.ru in June 2012. The overview was prepared by professionals from the private law department of the Supreme Commercial Court of Russia for reference only. To determine the contents of such position please study the text of relevant resolutions by the Presidium 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. 17 of June 22, 2010 On Determination of the permanent Location of the Court Intellectual Property Rights

 

Resolution of the Plenum of the Supreme Commercial Court of the Russian Federation No. 33 of June 22, 2010 On Amendments to the Rules of Commercial Courts of the Russian Federation

 

Resolution of the Plenum of the Supreme Commercial Court of the Russian Federation No. 34 of June 22, 2010
On Certain Issues Connected with the Enactment of Federal Law No. 379-FZ of 03.12.2011 “On Amendments to Certain Legislative Acts of the Russian Federation regarding Setting of Rates of Insurance Premium Payable to the State Extrabudgetary Funds”

 

Resolution of the Plenum of the Supreme Commercial Court of the Russian Federation No. 35 of June 22, 2010 On Certain procedural Issues Connected with Hearing of Bankruptcy Cases

 

Resolution of the Plenum of the Supreme Commercial Court of the Russian Federation No. 36 of June 22, 2010
On Amendments and Additions to Resolution of the Plenum of the Supreme Commercial Court of the Russian Federation No. 63 of 23.12.2010 On certain Issues Connected with the Application of Chapter III.1 of the Federal Law on Bankruptcy (Insolvency)

 

Resolution of the Plenum of the Supreme Commercial Court of the Russian Federation No. 37 of June 22, 2010 On Certain Issues Arising during Elimination of Liability for Violations of Public Law

 

Appointments

 

Appointment of arbitration assessors

 

INFORMATION LETTERS OF THE PRESIDIUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

Letters of information from the Presidium of the Supreme Commercial Court of the Russian Federation No. 150 of May 22, 2012 Overview of the practice of hearing by commercial courts of disputes connected with dismissal of receivers

 

Letters of information from the Presidium of the Supreme Commercial Court of the Russian Federation No. 151 of May 24, 2012
Overview of the practice of hearing by commercial courts of disputes connected with expulsion of a member from a limited liability company

 

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

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