Magazine content за Июнь 2013 г.
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ARCHIVE FOR 2013    RUSSIAN

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Июнь 2013

CONTENT

 

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OFFICIAL SECTION

Interagency regional educational-methodological seminar on issues of prosecutors’ participation in civil and arbitration proceedings

 

Meeting of chairpersons of commercial courts

 

International conference Development of Procedural Forms and Methods of Dispute Resolution

 

Meeting with the Tyumen Customs of the Ural Customs Administration on issues of the branch legislation

 

Scientific-practical conference Civil Law and Arbitration Proceedings: Modern Doctrine and Practice

 

On appointment of judges of commercial courts of the West Siberian District

 

COURT PRACTICE

Actual judicial practice issues on application of the land law (with the use of materials prepared by the Commercial Court of the Kemerovo Region)

 

INTERESTING CASE. COMMENTS OF EXPERTS

Resolution of the Presidium of the Supreme Commercial Court of the Russian Federation No. 4225/12 of September 18, 2012

 

Yu.E. Pronchenko Issues Arising in Resolution of Disputes Concerning Recovery of Unjust Enrichment for the Land Use
The article considers some pertinent questions relating to calculation of the amount of unjust enrichment in case of a partially paid land tax and disagreement as to the area of land plot undergone the cadastral registration, as well as determination of a person to pay the fee for land use in case of transfer of land permanent perpetual use to a person, not being the subject of this right.
Keywords: unjust enrichment for the land use, land tax, transfer of land permanent perpetual use
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V.I. Chernyshev Practical Problems of Settlement of Disputes Relative to Application of the Land Law
The article contemplates existing legal problems arising with the registration of rights on land plots subject of common ownership. The author advances solutions to the issues described.
Keywords: land ownership, common share ownership, Unified State Register of Rights to Immovable Property and Transactions Therewith
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Yu.A. Khalimovsky Provision of Land Plots for Public-Private Partnership: Application of Anti-trust Requirements
The article examines application of anti-trust laws in relationship implying provision of land, including pursuant to agreements on public-private partnership. In this regard, the author considers problems of market boarders determination, abuse of rights on submitting applications for provision of land and specific features of relationship on land reservation.
Keywords: competition, land relationship, provision of land, public-private partnership
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K.Yu. Lebedeva Disputes Related to Seizure (Reservation) and Redemption of Land for State (Municipal) Needs
The author examines different categories of disputes due to seizure of land for public needs, defines the criteria for inclusion of such disputes into administrative or civil groups.
Keywords: seizure of land, administrative disputes, civil disputes
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O.L. Glazkova Topical Issues of Establishing the Amount of Rental Fee for Land Plots in the State or Municipal Ownership
The article introduces its readers into the analysis of legal positions of the Supreme Commercial Court of the Russian Federation to determining the amount of rental fee for land plots in the state or municipal ownership. The article focuses, in particular, on land leased by pipeline owners. The author investigates the status of such owners, substantively criticizing ambiguous terminology of the legislation.
Keywords: land lease, gas transmission organization, practice of the Supreme Commercial Court of the Russian Federation
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A.V. Shchankina Disputes Relating to Correction of Cadastral Errors Arising due to Land Plots Border Crossing
This article contains the analysis of established in judicial practice ways of correcting cadastral errors arising due to land plots border crossing. The author envisages legal aspects of adjustments to the State Real Estate Cadastre (SREC) of the coordinates of the land plot feature points in orders of the previously registered land plot, and withdrawal of land plot from cadastral registration by cancellation of entry in the SREC. The author covers issues of legal basis for application either administrative or judicial procedures for correcting cadastral errors. The article will be useful for practitioners specializing in the land law.
Keywords: state real estate cadastre, state cadastral registration, border crossing, coordinates of feature points, cadastral error, technical error, concerned rightholders, withdrawal of land plot from cadastral registration
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M.A. Tretinnik Settlement by the Commercial Court of the Omsk Region of Disputes Contesting Decisions of Tax Authorities Adopted upon Verification of Correctness of Calculation and Timely Payment of Land Tax
The author deals with the problem arising in the judicial practice of courts of the Omsk Region, draws attention of the reader to different approaches and emphasizes the legal position of the Supreme Commercial Court of the Russian Federation, allowing to avoid further discrepancies in similar issues and to unify judicial practice in the field.
Keywords: tax audit, tax authorities, land tax
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THEORY AND PRACTICE

A. Milkov On System Study of the Mechanism of Legal Regulation
The concept of the mechanism of legal regulation is one of the key categories of the theory of the law, defined as a set of tools by which the legal regulation is carried out, or as a theoretical model of legal regulation. The author proves the feasibility of understanding the mechanism of legal regulation as a category allowing of forming the structural and functional understanding of the legal regulation by means of reduction, identifies composition and the structure of the mechanism of legal regulation.
Keywords: mechanism of legal regulation, system of the mechanism of legal regulation, composition of the mechanism of legal regulation, structure of the mechanism of legal regulation, mechanism of civil regulation
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A.Kh. Nureyev Bringing the State to Civil Liability for Loss Caused to Entrepreneurs by Exercise of Administrative Functions
The article focuses on the problem of indemnification for entrepreneurs of losses caused by the state by exercise of administrative functions. The author advances individual approach to the issue of bringing the state to civil liability for losses caused to entrepreneurs.
Keywords: entrepreneurs, state, public authorities, administrative functions, court, civil liability
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ABOUT WORK AND PRIVATE LIFE

V.V. Tikhomirov ‘Obstacles to the Temptation of Occupying a Greater Land Plot - Formulation of Contractual Terms Corresponding to Real Economic Aspects, Rather than their Formulaic Repetition’

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B.G. Dolgalev ‘Every Servant of Themis Should be Fully Protected from the Possibility of any Impact in Connection with the Administration of Justice’

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