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ARCHIVE FOR 2012    RUSSIAN

Август 2012

CONTENT

 

 

INTERVIEW OF THE ISSUE

 

ON THE COURT

 

CASE OF INTEREST

 

 

 

Lazarenko L.B. The institute of leaving a plea without investigation in case of the plaintiff’s absence during the court session and dispositivity and adversarial principles in arbitration proceedings
The author goes into the issue on the possibility of leaving a plea without investigation in case of the plaintiff’s absence during the court session in accordance with the rules of new cl.9, part 1 of art. 148 of RF APC (conditions, stage of the judicial examination during which this institute can by applied) from the positions of dispositivity and competitiveness.
Keywords: leaving a plea without investigation, plaintiff’s absence during the court session, abandonment of court proceedings, Federal Law No. 228-FZ
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Nosenko M.S. Burden of evidence in arbitration proceedings and reasonableness of judicial acts of the arbitration court in light of APC amendments.
This article studies the influence of amendments introduced by the Federal Law No. 228-FZ of 27.07.2010 into the RF APC norms that regulate evidentiary activities of the parties and the court, on the recognition of arbitration courts’ judgments reasoned and lawful by superior courts.
Keywords: burden of evidence, liabilities of the parties of the dispute, Federal Law No. 228-FZ, introduction of evidence with the violation of time limits
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Solomeina Ye.A. ‘New’ Simplified Procedure In The Arbitration Process
Adoption of Federal Law No. 86-FZ of 25.06.2012 ‘On Amending the Arbitration Procedural Code of the Russian Federation in connection with the improvement of the simplified procedure’ has become a logical point in the discussion of methods of reforming this institute of law of arbitral procedure. The analysis of amendments to the Chapter 29 of APC is offered for the reader. Peculiarities of the transition to the case proceedings under the simplified procedure, preparation, investigation and adjudgement, appeals against court decisions and execution of judgement, approved following the results of case proceedings under such method are being examined.
Keywords: simplified procedure, Chapter 29 of APC, case proceedings under the simplified procedure, simplified procedure process, general rules of adversary proceeding, administrative court procedure
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Ponomarenko V.A. Shaping Of Informational Society In Russia As A Precondition For Introduction Of E-Filing Into Court-Arbitrage Jurisdiction.
On the basis of available points of view and foreign experience the author identifies informatory boundaries of the ‘e-filing’ concept with the purpose of its further scientific-applied research. Having come to the conclusion about the necessity to modernize the judicial form of action and its theory and having deflated skeptical attitude toward e-filing that can be encountered in the literature, the author identifies logical pre-requisites of its introduction into procedural legislation and provides its general characteristics.
Keywords: e-filing, law-making factors, civil form of action, modernization, informational society, e-government
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ANALYTICS: FREE TRIBUNE

Melnikov I.M., Shamanskiy D.A. Performance Quality of a Judge: Assessment Criteria And Mechanisms. Problem Of Stability Prevailing Over Legitimateness
The research is dedicated to topical issues of effectiveness and quality of exercise of justice, existing criteria and mechanisms for the assessment of judges' performance quality, as well as the necessity and practicability of improvement of such an assessment.
Keywords: performance quality of a judge, effectiveness assessment criteria, assessment mechanisms for the judge’s performance quality
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Divin I.M., Natok M.M. Application Of Mediation In Disputes, Arisen From Administrative And Other Public Law
The article considers the possibility of mediation application to public disputes, provides the example of positive experience of several foreign states. Analyzing the provisions of the current legislation, the authors come to the conclusion about the necessity of development of possibilities for conciliation of the disputes of such category.
Keywords: mediation, conciliation, public dispute
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Kuzmina M.N. Particular Characteristics Of Consideration of Disputes Arising From Conclusion And Amending Of Electrical-Supply Agreements
The articles studies particular characteristics of disputes arising during the conclusion and amending of electrical-supply agreements. On the basis of the examples from judicial practice of an arbitration court from Stavropol territory, conclusions are made on the order of application of the legislation.
Keywords: electrical-supply, standard agreement, technical pre-requisites for concluding an agreement, cooperating network organizations, the subscriber’s special status
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Gusikov V.V. Falsification Of Evidence In Arbitration Proceedings And Its Criminal-Legal Evaluation
The article describes the concept of evidence falsification from the point of view of criminal and arbitrational codes, singles out issues which are not regulated by the legislation and which an arbitration court comes across during consideration of applications on evidence falsification; the article suggests the ways of legislation improvement in this sphere, as well as methods of cooperation between arbitration courts and law-enforcement authorities.
Keywords: evidence falsification, application on evidence falsification, cooperation between arbitration courts and law-enforcement authorities, criminal law, arbitration proceedings
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Dorogina T.N. Admissibility Of Evidence Submitted By Tax Authorities And Distribution Of The Burden Of Evidence During Consideration Of The Disputes On Annulment Of Non-Regulatory Acts Of Tax Authorities
The article is dedicated to the issue of recognizing admissible in arbitrational proceedings of evidence from a tax authority, which it either lacked at the moment of court adjudication under challenge or which was received outside the frame of the tax inspection. Also the author reviews the problem of distribution of the burden of evidence between a tax-payer and a tax authority and raises an issue on introduction into the RF Tax Code of 'the aim of a tax control' concept.
Keywords: Admissibility of evidence, presumption of innocence, burden of evidence
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Popova Yu.A. Unity Of A Civil Form Of Action And Some Peculiarities Of Case Investigations In An Arbitration Court.
Analyzing the provisions of the RF Constitution, RF APC and the Code of Civil Procedure, the author comes to the conclusion on the principal unity of a civil form of action that provides justice in civil cases in the process of constitutional uniform civil legal proceedings.
Keywords: civil legal proceedings, civil form of action, civil proceedings, arbitrational proceedings
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