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ARCHIVE FOR 2013    RUSSIAN

Январь 2013

CONTENT

 

 

FREE TRIBUNE

Osipov G.S., Tolstukhin M.E. Reform of the Civil Code of the Russian Federation and the turnover of the real estate
The article deals with the study of some of provisions of the amendments draft to the Civil Code of the Russian Federation on turnover of the real estate. The authors come to the conclusion that neither applicable legislation nor the amendment draft of the Civil Code of the Russian Federation do not provide the necessary confidence to the register on the part of the turnover participants, and suggest the solutions to this problem.
Keywords: real estate, public credibility, acquisitive prescription, possessory security
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Vishnevsky A.A. Dishonesty as an exception to the principle of independence of the letter of credit in foreign banking law
The most important property of the letter of credit is its independence from the principal obligation. The author examines the question about the fact of under which conditions the beneficiary's bad faith can be the basis for departure from the principle, in other words, in which exceptional cases the bank has the right not to pay the letter of credit in favor of the person abusing the rights.
Keywords: letter of credit, bank guarantee, abuse of rights, bad faith
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Shchegolev S.I. Jurisdictional immunity of foreign central banks: International and foreign legal regulation
In most of the countries the foreign central banks and their property use the jurisdictional immunity, but its content can vary considerably. The author explores the international experience and offers to take it into account when improving the Russian law.
Keywords: jurisdictional immunity, the central bank
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Shevelev S.E. The operating principle of the tax rule over time in the ECHR and the Constitutional Court legal propositions
The article deals with the legal positions of the ECHR and the Constitutional Court of the Russian Federation on the question of retroactivity of the tax law norms, worsening the position of the taxpayer, and the consequences of the recognition of tax legislation as illegal for individuals, that did not dispute it.
Keywords: principles of tax law, the effect of the norm over the time, the principle of the trophy, the legal positions of the ECHR
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Bevzenko R.S. Amendments of the judicial practices in the guarantee field. Commentary to the Decree of the Plenum of SAC of the Russian Federation of July 12, 2012 № 42 "On some issues of dispute resolution related to the guarantee"
The third part is devoted to the issue of relationships between the debtor and the guarantor (for covering relations). The author highlights the positions of the Plenum of SAC of the Russian Federation on the impact of the lack of relationships and annulment of the covering relations.
Keywords: guarantee, covering relation, abuse of rights
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Overview of the legal positions of the Presidium of SAC of the Russian Federation regarding the private law
The review provides a description of the legal positions contained in the regulations of SAC of the Russian Federation located in the website www.arbitr.ru from November 2012. It was prepared by the Office of Private Law of SAC of the Russian Federation for informational purposes only and is not an official position of SAC of the Russian Federation. In order to establish the content of such a position one should apply directly to the text of the regulations.

 

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

 

 

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