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ARCHIVE FOR 2013    RUSSIAN

Март 2013

CONTENT

 

 

FREE TRIBUNE

Rybalov A.O. Lex commissoria in the modern law
Most of the legal orders traditionally prevented or significantly restricted the right of the pledgee to retain the subject of a pledge (lex commissoria). The author shows that during the recent years for purposes of the development of crediting, the legal policy concerning this institution in many countries was changed.
Keywords: lex comissoria, pledge, mortgage
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Evstigneev E.A. Legislative consolidation of the optionality presumption of discretionary rules of contract law: Problems and the ways of their solutions
In this article the author examines the need for legislative recognition of the presumption of discretionary rules of contract law in the Russian law. The study highlights the weaknesses of the existing approaches and the similar international experience. By means of the conclusions obtained the necessity of determination of the type of rules of the contract law through the interpretation unsupported by any legislative presumption is proved.
Keywords: legal presumption of discretionary rules of contract law, the fight against positivism, interpretation, judicial discretion
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Eliseev N.G. Optional clauses on the place of commercial disputes resolution
The article is devoted to the justification of the admissibility of the optional clauses in commercial relationships; analyzes the current practice of the Russian and the English courts.
Keywords: deprivation of rights, option clauses, freedom of contract, the procedural equality of the parties, regulation of the right
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Belousov L.V. Distribution of the collected funds by the marshal: problems of judicial arbitration practice
In the final process the allocation of funds and the priority of meeting the plaintiffs' requirements do not depend on whether the debtor carries out the execution independently or by the use of the enforcement performance measures. The author criticizes the position of some of the arbitration courts that is contrary to this approach.
Keywords: Keywords: enforcement proceeding, enforcement, collection of funds
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Soloviev V.N., Panov A.B. Some aspects of the administrative responsibility on cases of the protection of electoral rights
The article presents a general description of the administrative responsibility for offenses infringing the voting rights of citizens, as well as the analysis of several formulations of such offenses is made.
Keywords: administrative responsibility, voting rights
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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"
Another part of the commentary is devoted to the objections of the guarantor against the creditor, which the debtor could provide, and the guarantor's own objections.
Keywords: guarantee, guarantor's objections, the merger agreement
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MATERIALS OF THE PLENUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

Resolution of the Plenum of Supreme Arbitration Court of the Russian Federation on January 25, 2013 № 10
"On alteration to the Resolution of the Plenum of Supreme Arbitration Court of the Russian Federation of 17.02.2011 № 11 "On some issues of application of the Special Part of the Code of Administrative Offenses "

 

 

Resolution of the Plenum of Supreme Arbitration Court of the Russian Federation on January 25, 2013 № 12
"On introduction of amendments and additions to the Resolution of the Plenum of Supreme Arbitration Court of the Russian Federation as of 23.03.2012 № 15" On some issues of the prosecutor's participation in the arbitration process"

 

 

 

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