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ARCHIVE FOR 2013    RUSSIAN

Июль 2013

CONTENT

 

 

FREE TRIBUNE

A.G. Karapetov Contra Proferentem as a Method of Contract Interpretation
The principle of Contra Proferentem in contract interpretation is a doctrine providing that an unclear contractual term shall be construed against the interests of a party who provided the wording in the course of contractual negotiations and, therefore, in favor of a party who accepted it. The author produces political and legal basis for application of this principle, elaborates hypothesis and disposition of the rule on its application.
Keywords: contract interpretation, contra proferentem, standard terms and conditions of contract, freedom of contract
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A.V. Gabov On Responsibility of Members of Governing Bodies of a Legal Entity
The article is concerned with a study of legal provisions on the responsibility of members of governing bodies of a legal entity. The analysis is carried out in accordance with the modern judicial practice, theoretical works and draft resolution of the Plenum of the Supreme Commercial Court of the Russian Federation On Some Issues of Damage Reimbursement by Members of Governing Bodies of a Legal Entity.
Keywords: governing bodies of a legal entity, responsibility, good faith and reasonableness, Board of Directors, Director General, the sole executive body, conflict of interests
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S.L. Budylin, Yu.L. Ivanets Lifting the Veils. The Doctrine of Piercing the Corporate Veil in Foreign Countries and in the Russian Federation
The doctrine of piercing the corporate veil (lifting the corporate veil) is well known in the Anglo-Saxon family of law. In the countries of Romano-Germanic law, lifting the doctrine of piercing the corporate veil is not generally regarded as a separate judicial doctrine, nevertheless in some cases piercing the corporate veil is applied by virtue of norms on prohibition of abuse of rights. In the Russian Federation, the Presidium of the Supreme Commercial Court for the first time referred to this doctrine in 2012 in its decision on the case of Parex bank. The doctrine will presumably take place in the practice of Russian commercial courts, but before that the Supreme Commercial Court will need to give far clearer explanations.
Keywords: corporate veil, limited liability
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I.V. Panova Non-judicial and Pretrial Procedure for Investigation of Administrative Cases
The article considers actual issues of the administrative reform and particular proposals aimed at improvement of the administrative procedure for investigation of administrative cases, such as elaboration of an effective mechanism of interaction between executive public authorities and entities not delegated with public authorities, necessity of a specialized public authority investigating administrative cases and complaints. The article contains a detailed study of some aspects of the reform of pretrial (non-judicial) appeal in administrative cases.
Keywords: administrative reform, administrative case, administrative procedures, administrative responsibility, administrative practice, pretrial (non-judicial) procedure, appeal
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Review of legal positions of the Presidium of the Supreme Commercial Court of the Russian Federation on issues of private law
The review provides a description of legal positions taken by the Supreme Commercial Court of the Russian Federation in its rulings available on website www.arbitr.ru as of May, 2013. The Review is elaborated by officers of the Supreme Commercial Court of the Russian Federation Private Law Department for informational purposes only and cannot be regarded as an official position of the Supreme Commercial Court of the Russian Federation. To establish the official position of the Supreme Commercial Court of the Russian Federation referral to the text of regulations remains essential.

 

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

Resolution of the Plenum of the Supreme Commercial Court of the Russian Federation No. 40 of May 24, 2013
On Introduction to the State Duma of the Federal Assembly of the Russian Federation of a Draft Law On Pension Protection of the Russian Federation Citizens Exercising Powers of the Judge

 

Resolution of the Plenum of the Supreme Commercial Court of the Russian Federation No. 41 of May 24, 2013
On Introduction to the State Duma of the Federal Assembly of the Russian Federation of a Draft Law On Amendments to Certain Legislative Acts of the Russian Federation on Issues of Pension Protection of Judges in the Russian Federation

 

 

 

INFORMATION LETTERS OF THE PRESIDIUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

Information Letter of the Presidium of the Supreme Commercial Court of the Russian Federation No. 157 of March 5, 2013
Review of the Practice for Consideration by Commercial Courts of Disputes Involving Application of Provisions of Chapter 26.3 of the Tax Code of the Russian Federation’

 

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