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ARCHIVE FOR 2012    RUSSIAN

Декабрь 2012

CONTENT

 

 

FROM THE EDITORIAL OFFICE

 

INTERVIEW OF THE ISSUE

 

ON THE COURT

 

CASE OF INTEREST

 

 

 

ANALYTICS: MEANS FOR SECURING OBLIGATIONS

Shchennikova L.V., Soshnikova M.P. Money Security Potential in Modern Civil Transactions
The advantages of the use of money as security means as well as the problems, connected with it in the law enforcement practice, have been demonstrated by the example of guarantee withholdings and security deposits. The authors have described the primary approaches, formed in court practice, as well as made specific suggestions on improvement of the current legislation.
Keywords: non-defined means of security for the performance of obligations, guarantee withholding, security deposit, money, draft amendment in the Civil Code
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Smolkova A.V., Kapelyuha O.I. Legal Nature of a Security Payment
The article is dedicated to the legal nature of a security (deposit) payment as well as the problems of its use both in transactions and in court practice.
Keywords: security payment, deposit, non-defined means of security for the performance of obligations, rent
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Mazurenko M.A. Distinctive Features of Limited Liability Company Share in Charter Capital Pledge
This article covers the most distinctive features of security for the performance of obligations in the form of a pledge of a share in charter capital in a limited liability company. The specificity of a pledge charge is revealed, taking into account the doctrinal vision of a problem and positions, framed by arbitration court practice.
Keywords: pledge of a share, property rights, charter capital, corporate rights
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Gryada E.A. Distinctive Features of Legal Regulation of Mortgage of Land Plots that are Public Property and Rights of Their Lease
In this article, the attempt has been made to define legal problems for application of Article 62.1 of Federal Act "On Mortgage (Real Estate Mortgage)", containing the norms about the mortgage of land plots that are public property and designed for housing or integrated development for stated purposes.
Keywords: mortgage of a land plot, public property, land plot lease mortgage, rights of a land plot leaser
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Lazarenko L.B., Ivleva A.B. Legal Propositions of The Supreme Arbitration Court of the Russian Federation on Mortgage
Mortgaging is being enhanced and becoming the most reliable method for the due performance of civil obligations. The practice of the Supreme Arbitration Court of the Russian Federation promotes this, having significantly influenced the regulation of mortgage relations.
Keywords: mortgage, fair pledgeholder, plegde
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Kochergin P.V. Weaking of Suretyship Accessority in the Decree of the Plenum of the Supreme Arbitration Court of the Russian Federation d.d. 12.07.2012 No 42
The author attempts to reveal the meaning and significance of new legal positions of the Supreme Arbitration Court of the Russian Federation for arbitration court practice, concerning the matters of incurrence, amendments, and termination of suretyship (contract relations dymanics), outlined the Decree of the Plenum of the Supreme Arbitration Court of the Russian Federation d.d. 12.08.2012 No 42.
Keywords: securing of performance of obligations, accessory obligations, suretyship
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Didenko A.A. Content of a Suretyship Contract
This article deals with the issues of securing obligations mechanism by means of a suretyship contract. The author analyses the requirements for the content of a suretyship contract, its fundamental terms and conditions. The legal practice commentaries and other practical recommendation have been made upon the matter under inquiry.
Keywords: suretyship, means for securing obligations, suretyship contract form, terms and conditions of a suretyship contract
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Shtraub V.L., Babloyan N.V. Charges for a contract penalty outside the contract validity and its reduction by court in accordance with Article 333 of the Civil Code
The court practice does not give a definite answer, whether or not charges for a contract penalty should apply after the termination of a contract. In some case, courts recover damages, in other - interest for use of another person's money should be paid on the basis of Article 395 of the Civil Code. It is evident that the single approach should be formed for the settlement of such disputes.
Keywords: penalty, damages, securing obligations, civil liability
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ANALYTICS: FREE TRIBUNE

Gubenko M.I. Correlation of Corporate and Labour Legislation during Settlement of Disputes, Involving the Chief Executive Office of a Legal Person
The author believes that the criteria for the distribution of court powers, relating to different judicial departments upon disputes between the chief executive office of a legal person, the functions of which are carried out by a natural person, and the commercial organization, are the breached rights and interests, for the protection of which the person applies to court. When making the final decision on a case, the court should act, taking into consideration the fact that the labour rights protection is not exercised by arbitration courts.
Keywords: Director of an organization, employer, corporate dispute, chief executive office, jurisdiction
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Hahaleva N.V., Sapfirova A.A. Definition of Insignificance of an Administrative Offence and the Application of Article 2.9 of AVC by Arbitration Courts
The authors try to formulate the criteria for insignificance of the performed administrative offence for the application of Article 2.9 of AVC of the RF by arbitration courts.
Keywords: insignificance of an administrative offence, administrative responsibility
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Rudyakov A.N. Protection of Civil Rights and Interests of Realtor Activity Subjects Abroad
This article is dedicated to the problem of protection of civil rights and interests of realtor activity subjects abroad. The author examines the grounds for the execution of protection of civil rights and interests of the stated subjects as well as specific protection and liability measures, available to realtor clients.
Keywords: realtor, realtor activity, estate agent, protection of consumers of realtor services, realtor responsibility
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