ARCHIVE FOR 2012 RUSSIAN
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Август 2012
CONTENT
FROM THE EDITORIAL OFFICE
INTERVIEW OF THE ISSUE
BUSINESS CHRONICLES
PROBLEM
Belov V.A. Security Papers Under The Draft Amendments To The Civil Code Of The Russian Federation In April 2012 the RF President introduced to the State Duma a draft amendment to the RF Civil Code. Among rather curious amendments the author quotes extensive innovations in the securities’ regulation. The author comes to the conclusion that the subdivision of the securities’ institute into certificated securities and uncertificated securities is exceedingly disputable, and the issues of the protection of the securities’ owners remain unresolved.
Keywords:
security papers, uncertificated securities, former legalization, securities to bearer, order and registered securities; share register; restoration of rights for the lost securities; improvement of the RF Civil Code
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PRIVATE LOOK
Kurbatov A.Ya. Transactions With Securities In Banking Operations The article is dedicated to the study of the issue of participation of the banks and other credit institutions in the securities market. Analyzing the judicial personality of credit institutions the author comes to the conclusion that the formal impossibility to carry out certain transactions with securities by non-banking credit organizations contradicts the essence of their operations. Also the article provides differentiation between securities, payment instruments and informational documents of credit organizations.
Keywords:
bank, credit organization, security papers, saving book, certificate, payment instrument
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Selivanovskiy A.S. Some Problems Of Securities Trust Management The article is devoted to the study of the institute of the custodian’s responsibility in the securities market. In the article it is noted that the current existing statutory regulation of this institute does not correspond to the needs of the economic turnover and is in need of changing. The author suggests, in particular, to determine de jure positive duties of the securities’ manager, as well as to reject the classical understanding of indemnification.
Keywords:
discretionary (trust) management, securities, responsibility, manager’s duty, losses
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Grachev V.V. On The Promissory Note Capacity For Legal Relations Under The Russian Legislation The article gives a definition of the promissory note capacity for legal relations, of promissory note dispositive legal capacity and articulates the concept of a promissory note capability as a pre-requisite to a person’s participation in promissory note legal relations. The author reviews types of promissory note capacity for legal relations and characterizes the capability of each person at civil law to be a participant of a promissory note liability.
Keywords:
promissory note, promissory note capacity for legal relations, promissory note capability, promissory note legal relations, promissory note liabilities
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Aleynikova V.V. Civil Responsibility Of Business Associations’ Executive Bodies: Experience Of England And Russia The article reviews topical issues from the point of view of theory and practice, which relate to the civil responsibility of sole executive bodies of business associations in accordance with the provisions of British and Russian legal orders. The author investigates the character of the legal bonds between a legal person and the body of its management, provides classification of civil law duties of sole executive bodies and members of collective executive bodies of business associations, and interprets the contents of each duty (responsibility) within the framework of the classification group.
Keywords:
conscientiousness, reasonableness, prudence, faithfulness, fiduciary duties, act in the company’s interests
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Fedorov S.I. Possibilities And Legal Consequences Of The Participation Of Third Parties In Business Associations’ Management The author investigates the participation of third parties in shareholders’ agreement; the transfer of the powers from the sole executive bode of a business association to the managing organization or manager; the attraction of employees to the corporate administration of affairs, granted in Anglo-Saxon and continental-European juridical families; also their comparative characteristics are provided. Special attention is paid to both planned alterations in the civil legislation related to the problem under review, and to the already adopted Federal Law of 03.12.2011 No 380-FZ ‘On Economic Partnerships’.
Keywords:
corporate management, third parties, legal person, shareholders’ agreement, transfer of the right of a sole executive body, management agreement, supervisory board, economic partnership, simplified joint stock company
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Gorbik K.Ye., Statsenko A.A. Will The Simplification Make It Simpler? Problems And Their Solutions The article tackles the problems related to simplification of the order of proceedings in arbitration courts. Among positive characteristics of the latest changes in the RF APC, related to the simplified procedures, the author mentions the necessity of the parties’ consent for the use of this procedure and the possibility of a transfer from a simplified procedure to a normal one. The author suggests establishing a special order of countermand of judicial acts adopted within the framework of the simplified procedure.
Keywords:
incontrovertibility of demands, admission of the claim by the defendant, insignificant amount of the claim, groups of cases, investigated in accordance with the simplified procedure.
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Levina D.A. Initial Impossibility Of Execution In An Obligation The article investigates main points of view on the consequences of the initial impossibility of an obligation execution. The author comes to the conclusion that the most justified model is the model under which the initial impossibility of an obligation execution does not entail the nullity of an agreement.
Keywords:
obligation, impossibility of execution, invalidity of a legal transaction
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ASSOCIATION OF LAWYERS OF RUSSIA
EVENTS
