Magazine content за Декабрь 2012 г.
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ARCHIVE FOR 2012    RUSSIAN

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Декабрь 2012

CONTENT

 

Contents

 

Aboznova O.V., Kolyasnikova Y.S., Lazarev S.V., Reshetnikova I.V., Serditova E.N. Civil process in the intercultural dialogue: Eurasian context

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IN THE SCIENTIFIC ADVISORY BOARD

Recommendations of the Scientific Advisory Council of the Federal Arbitration Court of the Ural District number 2/2012

 

AT THE FEDERAL ARBITRATION COURT OF THE URAL DISTRICT

Some of the issues arising in adjudgement, resulting from administrative legal relations

 

Some issues on the case hearing practice on administrative responsibility for the violation of the law at the provision of public services

 

Questions of case hearing by the arbitration courts under the simplified procedure

 

COURT PRACTICE. COMMENTS

Zorina N.V., Lukyanov V.A. Martemyanov V.B., Napolskaya N.E., Sidorskaya Y.M., Cherkezov E.O. Comments to the Recommendations of the Scientific Advisory Council of the Federal Arbitration Court of the Ural District number 2/2012

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VIEW OF THE PROBLEM

Korshunova E.E. Who bears the burden of proof?
The article deals with the distribution of the burden of proof in determining the fact of the awareness of debtor's counterparty - bankrupt on the circumstances that imply the possibility of debtor's transaction annulment, as well as identification of the sources of information about the debtor's insolvency
Keywords: the burden of proof, the awareness of insolvency
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Sidorskaya Y.M. On challenging the debtor's transactions on the property disposal, for which the purchaser has concluded the contract of pledge
The article is devoted to the current problems of application of the consequences of invalidity of the transaction in a situation when the refundable property on the basis of Art. 167 of the Civil Code of the Russian Federation burdened with the rights of pledge holder.
Keywords: pledge, reservation of the right of pledge, conscientious pledgeholder, use of the consequences of the transaction invalidity, the transaction for the account of the debtor
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Kudryavtseva V.P. Is the Institute of the jurisdictional acts turn possible on non-material requirements?
The article is devoted to the institution of turn of the execution of acts of arbitration courts and courts of general jurisdiction. The issues that arise in the jurisprudence and practice of performance, at the application of the mentioned Institute are analyzed. The position of the unification of the rules of interpretation and implementation of the rules of the turn of execution of acts in arbitration courts and civil procedures are being substantiated.
Keywords: arbitration, civil procedure, enforcement proceedings, turn performance, non-material requirements
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DISCUSSION TRIBUNE

Fedina G.A. Cassation as incomplete appeal and as the practice generating authority
Scientific & Practical conference under the auspices of SAC of the Russian Federation "Arbitration Procedure of the Russian Federation 10 years: current issues of cassational procedure" was on October 4, 2012 in Yekaterinburg. The author, by summing up the discussions made in the forum, poses the challenges of the existing model of the cassational procedure formation and recalls the practice generating value of the arbitration cassation judgments.
Keywords: cassational procedure, incomplete appeal, convincing precedent
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APC of the Russian Federation - 10 years