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ARCHIVE FOR 2013    RUSSIAN

Апрель 2013

CONTENT

 

 

INTERVIEW OF THE ISSUE

 

ON COURT

 

 

Ye.A. Zvereva Fate of Investment Contracts: New Approaches to the Judicial Practice of the Moscow District
Issues of the protection of investors’ rights arising from the so-called investment contracts are among the most sensitive ones in the area of construction and immovable property. The judicial practice of the Moscow Region is most notable here. The author of the article reveals the tendencies of the judicial practice in similar cases in the context of conflicts of investment and civil procedure laws focusing on the issues that arise in the area specified following the adoption of Resolution of the Plenum of the Supreme Court of the Russian Federation No. 54 of July 11, 2011.
Keywords: investment contracts, capital construction projects, immovable property, future thing, rights of investors
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D.S. Nekrestyanov Investment Disputes with the State: Right to Investment Withdrawal and its Limits
The article reviews the existing judicial practice on the subject of legal possibilities of an investor to claim under its own right on a public entity in cases when the result to be expected from investments was not achieved; besides, the most commonly encountered investor claims are evaluated in legal terms, alongside with the effectiveness of the causes of action that investors apply.
Keywords: investments, termination of investment contract, unjust enrichment of the State, property disputes with a public entity
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N.V. Zelentsova Peculiarities of Bankruptcy Assets Generation of the Bankrupt-Developer in Terms of Legal Nature of the Interest-Holder’s Rights to Claim
The article envisages procedural features of proceedings in cases concerning the bankruptcy of developers, the issue concerning proportion of the split-off of an asset under construction in the bankruptcy assets of the developer and its subsequent assignment to the housing association, as requested by interest-holders in line with the very nature of the procedure for declaring bankruptcy, and also the issue concerning the outlined proportion in terms of the legal nature of the interest-holder’s rights to claim on the developer.
Keywords: bankruptcy of an immovable property developer, bankruptcy assets, bankruptcy assets generation, shared construction, developer’s liabilities
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V.V. Kobylyansky Towards Creation of Ownership Right and Primary State Registration of the Specified Right to Newly Developed Immovable Property Item
The author analyses whether it is possible to effect primary state registration of the ownership right, including tenancy in common, to newly developed immovable property item if there is a dispute between the investor and the administration as to the actual size of the constructed building.
Keywords: investment contract, investor, primary state registration of the ownership right, a report of implementation of an investment project
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V.S. Petrishtchev Application of a claim on invalidation of title to Disputes on Determining the Owner of a Land Plot Being in Public Ownership, as well as on de-lineated state ownership
The article is concerned with the analysis of judicial practice as to the protection of rights and legitimate interests of public-law entities and private individuals in case of an unfounded state registration of the ownership right to a land plot by another public-law entity, in respect of which state ownership has not been de-lineated de facto.
Keywords: unfounded entry in the Unified State Register of Rights to Immovable Property and Transactions therewith, ownership right, claim on invalidation of title
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A.E. Tarasova Issues concerning Correlation of Civil, Housing and Town-Planning Laws of the Russian Federation in Governing the Matters of Construction, Reconstruction, Architectural Re-planning of Items of Immovable Property
The article regards conflicts of law in the field of construction, reconstruction, and architectural re-planning of items of property, as well as reviews approaches to enforcement practice. It provides the trends of system-based perfection of civil, housing and town-planning laws.
Keywords: a block of flats, complex non-residential buildings, a system of objects of civil law rights, the development and reconstruction of capital construction project, architectural re-planning, alteration of a residential placement
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M.V. Kamenkov Contractor’s (Customer’s) Delay: Issues of Recording and Proof
The article deals with the issues of timely and detailed recording of contractors and customers breaching construction contracts. Considering the distinctive features of legislative control, entrepreneurial practice and the mentality of numerous construction participants, the parties discharging the contract are very often isolated from agreed terms, hob-nob. Consequently, if any conflict or legal recourse should eventuate, it may take enormous effort to prove actual facts in the conditions of formalized arbitration proceedings. The article suggests considering the case history, and also the method to solve similar problems.
Keywords: contractor agreement, contract fulfillment, delay, provision of specification, recording of breaches, providing evidences
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HOT TOPICS!

 

ANALYTICS: SPEAKER’S CORNER

A.S. Selivanovsky, O.A. Spiridonova Mutual Relationship of a Shareholder, the Society and a Member of the Board of Directors both in the Legislation and in Judicial Practice
The article describes key aspects related to the figure of a member of the board of directors: nomination of the candidate, requirements to him/her, regulation of relationships between the member of the board of directors and a shareholder who has nominated such member, between the member of the board of directors and the society. Multiple omissions in legislation are uncovered in the points in question.
Keywords: member of the board of directors, eligibility criteria to a member of the board of directors, governing the relationship of a member of the board of directors and the society, reimbursement and rewards to members of the board of directors
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N.A. Kondrashova Consolidated Group of Taxpayers as a Mechanism to Protect Interests of Major Companies in the Context of Transfer Pricing Control
Law On the Transfer Pricing that came into effect on January 1, 2012, establishing a new form of tax control over the adequacy of the price of transaction to the market (adjusted) price, allows major Russian companies considerably reducing the group of transactions which prices are subject to check. This article considers such mechanisms for protection of interests of major taxpayers as the conclusion of a pricing agreement with the Federal Tax Service of Russia and forming a consolidated group of taxpayers; identifies restrictions to the use of each mechanism, special features and advantages of tax consolidation.
Keywords: transfer pricing, the largest taxpayer, pricing agreement, consolidated group of taxpayers
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A.V. Starodubtsev Non-Cash Payment Contracts in the Framework of Civil Law Organizational Relations
The article deals with examination of non-cash payment contracts as a constituent of the contractual system. The author arrives at the conclusion on the existence of organizational relations in the subject-matter of civil law, which stipulates organizational contracts being singled out as a specific variety of civil law contracts of a particular contract dimension.
Keywords: non-cash payment contracts, organizational relations, organizational legal relationship, contractual nature
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A.M. Dzhanayeva Evolution of Ideas on Restorative Legal Relations in the Anglo-American Law
The article investigates the most popular approaches of English, American and Australian scientists to the concept and the legal nature of restitution; to substantiate the stance, the most significant court cases are cited. A conclusion is drawn on the fact that, nowadays, theories postulating to abandon the category of restitution and regard it as a generalized notion within the scope of many institutes of law, are gaining ground.
Keywords: restitution, implied agreement, unjust enrichment, Anglo-American legal framework
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APPLICATION PRACTICE OF ARBITRATION PROCEDURE CODE