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ARCHIVE FOR 2012    RUSSIAN

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Сентябрь 2012

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EDITOR’S COLUMN

V. V. Vasnev From the Editor’s Office

 

FREE TRIBUNE

D. V. Lomakin The concept of the corporate cover removal: implementation of its main provisions in the current legislation and in the amendments to the Civil Code of the Russian Federation.
This article describes the nature and conditions of application of the doctrine of corporate cover removal in England and USA. The author investigates the question on how this doctrine is implemented in the current Russian legislation on main and subsidiary companies and the rules of the draft bill of the Civil Code of the Russian Federation on the controlling and controlled legal entities.
Keywords: Removal of corporate cover, main and subsidiary company, controlling entity, controlled entity
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R. S. Fatkhutdinov Substance and form in tax relations.
This article highlights issues of using the "substance over form" doctrine in the legislation and jurisprudence of England, U.S.A., states of Asia and continental Europe. Special attention is paid to the development of this doctrine in Russia.
Keywords: "substance over form" doctrine, doctrine for business purposes, conduits.
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R. I. Saifullin Challenge of the guarantee in case on bankruptcy. Surety agreement is often used by unfair participants of the turnover as a way to increase the loan payable in favor of a friendly lender in a bankruptcy case.
The author examines the issue of the invalidity of such agreements, as well as proposes measures to resist such abuses.
Keywords: guarantee, bankruptcy, deal with preference
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Ye. Yu. Gorbunov On agreements of "selling votes" to third parties.
The author believes that the current Russian legislation does not prohibit agreements "selling votes" by shareholders of business entities. Moreover, there are no political and legal reasons for such prohibitions, but the protection of interests of other parties and the company itself should be ensured by not through prohibitive measures, but by improving rules on the disclosure of information and the establishment of the fiduciary duties of a company’s shareholders.
Keywords: corporate agreement, disposal of voices, fiduciary duties, corporate control
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The resolution of the European Court of Human Rights in the case "Kotov against Russia".
The resolution of the Grand Chamber of the ECHR in the case of "Kotov against Russia" became the first case of review of the decision of the Chamber adopted against the Russian Federation, and the complete refusal in satisfaction of the applicant's complaint. The main conclusion made by the Court, was that the Russian Federation is not responsible for the actions of arbitration managers, since the latter ones do not perform public functions and are outside of full government control. The Resolution was commented by: G. O. Matiushkin, Ye. A. Kudelich, S. A. Golubok, S. Usoskin, O. R. Zaytsev, R. T. Miftahutdinov, A. V. Yuhnin.

 

Expert Opinions
Expert opinions: G. O. Matiushkin, Ye. A. Kudelich, S. A. Golubok, S. V. Usoskin, O. R. Zaytsev, R. T. Miftahutdinov, A. V. Yuhnin about the resolution of the ECHR.
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Overview of the legal positions of the Presidium of the Supreme Arbitration Court of the Russian Federation on private law issues

 

MATERIALS OF THE PLENUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of July 12, 2012 No. 42 "On some issues of settlement of disputes related to surety"

 

Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of July 12, 2012 No. 43
"On Amending to the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of 17.02.2011 No. 12" On some issues of application of the Arbitration Procedure Code of the Russian Federation as revised in the Federal Law of 27.07.2010 No. 228-FZ “On Amending to the Code of Arbitration Procedure of the Russian Federation”.

 

Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of July 12, 2012 No. 45
"On the introduction the Federal Law - On Amending to Certain Legislative Acts of the Russian Federation in connection with the improvement of conciliation procedures" to the State Duma of the Federal Assembly of the Russian Federation.

 

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

The use of civil, tax, procedural and administrative legislation with a guide on judicial practice.

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