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ARCHIVE FOR 2012    RUSSIAN

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Декабрь 2012

CONTENT

 

Contents You can read this article

 

Manaenkov K.L. Editorial Note

 

OFFICIAL SECTION

Session of Scientific Advisory Board of the Federal Arbitration Court of the West Siberian District

 

Meeting of Chairmen of the Supreme Arbitration Courts in Vladivostok

 

International Meeting of APAC Countries on the Topic of "Corporate Law: The Search for Optimal Model of Regulation and Settlement of Disputes"

 

Meeting of the Supreme Arbitration Court of the Russian Federation, Regarding the Distinct Features of Consideration of Cases in Accordance with the Simplified Procedure

 

Conference on the topic: "Arbitration Procedure Code of the Russian Federation. 10 Years: Topical Issues of Cassational Procedure"

 

Round Table, Regarding International Civil Procedure, Involving Foreign Experts

 

On Appointment of Judges of the Arbitration Courts of the West Siberian District

 

COURT PRACTICE

Review of the Court Practice on Disputes, Connected with Unjust Enrichment

 

Some Examples of the Court Practice of the Federal Arbitration Court of the West Siberian District on the Compensation of Non-Contractual Damages

 

Recommendations of the Arbitration Court of the Novosibirsk Region on the Settlement of Disputes, Connected with Protection of Intellectual Rights

 

INTERESTING CASE. COMMENTS OF EXPERTS

Ruling of the Praesidium of the Supreme Arbitration Court of the Russian Federation d.d. 17.07.2012 No 17528/11

 

Gavrilov E.V. Compensation of Non-Financial Damages to Legal Persons
The author analyses past arbitration court rulings, concerning the compensation of non-financial damages to legal persons on the grounds of rulings of the Federal Arbitration Court of the West Siberian District, made in 2010-2012 as well as Ruling of the Praesidium of the Supreme Arbitration Court of the Russian Federation d.d. 17.07.2012 No 17528/11.
Keywords: business reputation, legal persons, compensation, non-financial damages, damages to reputation, mental anguish, court practice
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Krylov A.V. Topical Issues of Penalty on Unjust Enrichment
There are gaps in terms of regulation of obligations, resulting from unjust enrichment. The most pressing issues are the correct definition of acquirer and a person affected; evaluation of actions of customers in bad faith, avoiding the payment for accepted works in case of absence of a contract; the payment of performed enhancements by a lessee without the coordination with a lessor. This article is dedicated to review of such issues.
Keywords: penalty on unjust enrichment, unjust enrichment obligations, loss of contract due to unjust enrichment
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Sirina V.V. Several Aspects of Application of Norms of Chapter 60 of the Civil Code of the RF
The author examines the common and most interesting issues of application of the norms of Chapter 60 of the Civil Code of the RF within lease and land-use agreement in this article.
Keywords: unjust enrichment, lease agreement, use of land plots without registering title
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Gutkovich E.M. On Some Issues, Arising in the Settlement of Disputes Practice, Connected with Compensation of Damages, Done due to Transportation of Heavy Cargo
This article is dedicated to the issues, arising in court practice with regard to cases, connected with the transportation of heavy and bulky cargo. In particular, such aspect of non-contractual obligations is reviewed as the compensation of damages due to transportation.
Keywords: non-contractual obligations, compensation of damages, roads, transportation of heavy cargo
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Tokarev E.A. Key Problems of Consideration of Cases on Compensation of Damages, Done to Forests due to Deterioration of Soil
The most pressing issues of settlement of disputes by arbitration courts on the compensation of damages, done to forests due to deterioration of soil are reviewed in this article on the basis of analysis of norms of the current legislation and practices of its application; theoretical and practical recommendations are offered for the improvement of court practice on the examined category of disputes.
Keywords: deterioration of soil, forest offence, compensation of damages, recultivating works
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Kapshtyk E.V. Protection of Consumers in Case of Energy Charge Payment, According to Tariff, Considered Invalid Later on
This article is dedicated to issues, arising during settlement of disputes at a suit of energy consumers on penalty due to unjust enrichment, occurred because of energy charge payment, according to tariffs, considered invalid later on till the moment of the court judgement on disabling the normative legal act, which affirmed the stated tariffs.
Keywords: disabling of a normative act, disabling of a tariff, cancellation of a tariff, economically justified tariff, unjust enrichment
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THEORY AND PRACTICE

Suvorov V.M. Development or Reforming of Judicial System: What is Required at the Modern Stage?
In the run-up to the VIII All-Russian Convention of Judges, the author analyses the state of judicial system of the Russian Federation and explains the necessity of its development and reforming
Keywords: judicial system, reforming of judicial system, state of judicial system
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Kolesnikov R.V. Constitutional Features of Appeal Institution of Rulings of the First Instance Arbitration Court (by the Example of Legislation on Bankruptcy)
Procedural features of appeal of effective judicial acts, adopted within a case on bankruptcy are reviewed in this article. The author of this article concludes that there is a legal uncertainty in the matter, whether or not the review of effective court ruling contradicts the legal nature of appeal.
Keywords: appeal, appeal of a judgement, law on bankruptcy, ruling of arbitration court
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Chukreev A.A. Agreement on Provision of Personnel: the Essence and Fairness of Use in the Sphere of Tax Legal Relations
The author of this article states his opinion on the essence of a contract on the provision of personnel and its use for purposes of tax saving with due consideration of the law enforcement practice of the Russian arbitration courts.
Keywords: contract on the provision of personnel, outsourcing, outstaffing, fairness, tax evasion
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Chegotova E.V. Unauthorized building. Legislation and the Law Enforcement Practice
The process of coordination is time-consuming and, although the authorities attempt to simplify it, the problem of unauthorized building is always topical. It has been partly caused by the low level of legal literacy of potential interestholders at a purchase of flats, partly due to high prices, complexity, and lasting negotiations of building with various departments. The key problems and consequences of the unauthorized building are reflected in this article.
Keywords: unauthorized building, legal regulation of a building, demolition of objects of unauthorized building
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IN COURTS OF WEST SIBERIA

Administrators of Courts of the West Siberian District

 

ABOUT WORK AND PRIVATE LIFE

Kladova L.A. "The Victory in a Dispute Prevails Fairness during Legal Advice for Some Modern Lawyers"

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Shuyskaya S.I. "The Authority of a Court as a Whole and a Judge in Particular Depends to what Extent a Judge Corresponds to His Status, and to What Extent People Trust Him"

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