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ARCHIVE FOR 2012    RUSSIAN

Ноябрь 2012

CONTENT

 

 

Chief editor’s column

 

Interview of the issue

Ivanov A.A. "Changes are always Positive, Even if Sometimes It Does not Look Like That"
Chairman of the Supreme Arbitration Court of the Russian Federation Anton Aleksandrovich IVANOV answers to questions of Chief Editor of the magazine "Law" Yana Piskunova
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News of the community

 

Going along with Electronic Justice
Nearly four years have passed since the move of the biggest arbitration court in Russia. The new court building was one of the first to be adapted to the work in new conditions, when the arbitration court system was only on the verge of implementation of modern information technology. We wrote about it in the March edition of the magazine "LAW" in 2009. How does the Moscow Arbitration Court work nowadays amid electronic justice?

 

Clever Courthouse
One of the courts that has moved recently is the Arbitration Court of the Krasnoyarsk Territory. The implementation of information technology is especially topical for Eastern Siberia with its great spaces and problems with the transport infrastructure. But won't the active use of technology lead to the considerable increase of a number of disputes, and more work load to reduction of quality during the consideration of cases?

 

The Event. Comments of the Experts

Unfailing Investigation
Minister of the Interior Vladimir Kolokolcev declared for the necessity of further reforming of internal affairs bodies in the State Duma on 17 October. In addition, he specified the direction of such reforming: he believes that the refusal to institute a criminal case should be abolished. The minister supposes that this measure will help to fight against the so called "stick system". We asked our experts about the efficiency of such measures.

 

Topic of the issue

Shabelnikov D.B. "One May Endlessly Assert that Law is Very Important, but People Must Feel it for Themselves"
Director of the Russian branch of the Institute "PILnet" Dmitriy Borisovich SHABELNIKOV answers to questions of Managing Editor of the magazine "Law" Vladimir Rumak
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Dobrohotova E.N. Legal Clinics and Activity Pro Bono. Their Attitude to Free Legal Advice Systems
Legal clinics are viewed by many as a part of the free legal advice system and even rendering aid por bono. This article reveals, whether it is true or not, and what the purpose of legal clinics is as well as what specificity of their operation is.
Keywords: qualified legal advice, patronage control, legal clinics, organizations pro bono, free legal advice, legal enlightenment, legal informing, legal analysis, professional ethics
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Presnyakov M.V., Vasilyev A.A. Receivers of Free Legal Advice in the Russian Federation
The Federal Act "On Free Legal Advice in the Russian Federation" that establishes the rules and order of realization of one of the most important constitutional rights - the right for legal advice, including on the free of charge basis, was adopted at the end of last year. This article looks into conditions of rendering of such aid to certain subject categories.
Keywords: Right for qualified legal advice, right for protection, criminal defence, free legal advice, criteria for low income, socially unprotected citizens
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Novikova A.E., Shepeleva O.S. Assessment and Quality Assurance of Free Legal Advice Programmes
The development of legislation, regarding free legal advice in Russia, requires the assessment of quality of free legal advice programmes on the part of federal and regional authorities. The principles, according to which quality assurance of free legal advice programmes should be organized, are reviewed in this article. The authors particularly focus on the difference between quality assurance of programmes and the work of lawyers.
Keywords: Key words: access to justice, state subsidized aid, free legal advice, quality assurance of legal advice, quality standards of state programmes
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Sergeeva I.D., Isaeva M.A. Pro Bono in Legal Education in Russia
The authors who are greatly experienced in work with educational projects review the distinctive features of pro bono projects in the Russian legal education. The current situation in this area and the further development of pro bono are examined by example of the most successful projects for the past years, notably, the Philip C. Jessup International Law Moot Court Competition as well as the training course "The Professional Responsibility and Ethics on the International Market of Legal Services".
Keywords: pro bono, legal education, social responsibility, role plays of judicial proceedings, legal ethics
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Discussion Board

Skvortsov O.Yu. Business and Private Jurisdictions
In accordance with the legal position of the Supreme Arbitration Court of the Russian Federation, the judgements, passed by the court of referees, acting to the organization, cannot be executed if a party of the dispute is the person, affiliated with this organization. The author criticises the approach of the Supreme Arbitration Court of the Russian Federation, pointing out that affiliation as such is not the indication of prejudice of the court of referees.
Keywords: private jurisdictions, arbitration courts, courts of referees, alternative methods for settlement of disputes, arbitration
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Zaripov V.M. Payment for Pollution of Environment: Sad Jubilee
The legal status of payment for the pollution of environment is examined in this article in terms of Decree of the Constitutional Court of the Russian Federation d.d. 10.12.2002 No 284-O. The normative regulation of ecological payments in Russia has been declining for the past ten years. The key reason for that is the wrong classification of payment for pollution. The author gives reasons for the necessity to admit the tax nature of the payment for pollution.
Keywords: tax, fee, pollution of environment, payment for negative impact to environment
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Ivanov N.V. On the Content of the Exclusive Right under the Russian Legislation
This article is dedicated to the content of the exclusive right as a type of intellectual rights. The author conducts comparative analysis of the content of the exclusive right and the property right, analyses the advantages and disadvantages of the construction of the single exclusive right in the current legislation. Certain changes to the current legal regulation of relations, regarding the use of intellectual rights, are offered.
Keywords: intellectual rights, content of the exclusive right, circulability of the exclusive right, use of the exclusive right
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Theory and practice

Reshetnikova I.V., Sirota E.G. Law on Compensation: The First Law Enforcement Experience
The authors analyse the most pressing issues of application of Federal Act d.d. 30.04.2010 No 68-FA "On the Compensation for the Breach of Right for Legal proceedings within Reasonable Time Frame or the Rights for Execution of a Judicial Act within Reasonable Time Frame". The questions, whether it is possible to transfer rights for the compensation at the legal succession, the definition of the compensation amount, the possibility of recovery of "the compensation for the compensation", the repeated recovery of the compensation, the permissibility to recover the compensation from a subsidiary debtor, are dealt with.
Keywords: compensation, reasonable time frame for legal proceedings, enforcement proceeding, arbitration proceeding, procedural legal succession, collection activity
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Kozlova N.V., Kiselev A.V. How to Cut Suspension Lines of "the Golden Parachute" Without Violation of Labour Rights of an Employee?
Nowadays, one of the most pressing issues at the junction of corporate and labour law is the issue of classification of the compensation payments to directors and top managers of an organization. The establishment of immensely high amounts of such compensations on the part of managers in bad faith who skilfully use limits, set by the labour law, brings up a question if it is at all possible to apply the traditional methods of civil rights protection to such transactions. The authors offer their own solution in this article
Keywords: "the Golden Parachute", payment for labour, reward for the manager, guarantees and compensations for management, corporate law, conflict of interests
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Oreshin E.I., Suspitsyna I.I. Facilitation by Parties Principle during Execution of an Obligation: the Soviet anachronism or the Effective Legal Tool?
The authors examine the facilitation by parties principle during execution of an obligation, its practical and theoretical significance, being based on the Russian, and foreign doctrine, and court practice.
Keywords: facilitation principle during execution of an obligations, parties of an agreement, fairness principle, reduction of losses, contractor agreement

 

Makarov I.A. On the Question of Contestation of Actions on the Payment (Collection) of Taxes and Other Compulsory Payments within Insolvency (Bankruptcy) Proceeding
Chapter III.1 of the Law on Bankruptcy formalized the statement on the possibility of contestation of actions, aimed at the execution of obligations on the payment of taxes and fees, which caused various disputes. The analysis of theoretical research of issues, arising as a result of this, the court practice of consideration of corresponding disputes and problems, detected by it, as well as the author's own point of view, concerning this topic, can be found in this article.
Keywords: insolvency (bankruptcy), contestation of actions on the payment (collection) of taxes, contestation of civil transactions, invalid transacions of a debtor
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Matvienko S.V. Writing off Debt and Gift Agreement: Topical Issues of Law Enforcement
The topical issues, arising in the law enforcement practice, connected with the ratio of a gift agreement and such method of termination of an obligation as writing off debt are reviewed in this article. The analysis of the court practice allowed to detect a number of problems at interpretation and application of norms, regulating legal relations under the gift agreement and writing off debt.
Keywords: gift agreement, writing off debt, non-reciprocal transaction, unilateral transaction, invalid transaction
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Stasyuk I.V. Intermediate Processes in the Civilised Process
The definition and main features of private enterprises in civil and arbitration proceedings are revealed in this article. The author analyses a number of topical issues, arising at the stages of initiation of intermediate processes, examination of the intermediate processes issue, and performance of the judicial act on the examined procedural issue.
Keywords: intermediate process, civilised process, intermediate order, security measures, disqualification, rights of third parties
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Antonova S.A. Issues, Connected with the Application of Decrees of the Arbitration Procedural Legislation of the Russian Federation on the Amicable Agreement
The amicable agreement is prescribed by the arbitration procedural legislation of the Russian Federation, nonetheless, the practice of application of its norms on its assertion causes certain difficulties. Some questions of law enforcement are defined by the author of this article.
Keywords: arbitration proceeding, amicable agreement, conciliation procedures, legal expenses
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Foreign experience

Galkova E.V. Distinct Features of Securities Emission under the Legislation of Great Britain
Some of the aspects of the emission of securities and issues, connected with the drawing up of issue prospectus of securities (shares, bonds), placed in accordance with the legislation of Great Britain by means of public offering or listing, are reviewed in this article.
Keywords: emission of securities, listing, public offering, issue prospectus, disclosure of information, applied language regime
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Solomin S.K. Science for Appearances' Sake
Critique on the Monograph of A.M. Byankina, O.A. Markova, A.A. Mesheryakova "Comparative Civil Law: Civil Regulation of Entrepreneurial Activity and Agreements (Russia - China - Mongolia)"
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