INTERVIEW OF THE ISSUE
S.A. Kuznetsov Distribution between the Parties to a Financial Lease Agreement of the Risk of Non-fulfillment by the Seller of the Contract of Sale of the Leased Asset.
Commentary to Resolution of the Plenum of the Presidium Commercial Court of the Russian Federation No. 17748/10 of 12.07.2011.
According to the author, in case the lessor has paid in full for the leased asset bought from the seller chosen by the lessee, the latter shall bear all risks associated with the choice made and with the seller’s default. The seller chosen by the lessee is obliged to transfer the leased asset to the lessee, whereas the lessor bears no such responsibilities and is only obliged to pay for the asset to the seller. Lessor’s actions on execution of the mentioned duties shall be reasonable and prudent and shall not entail increase in the amount of damages caused by a possible breach of the contract of sale of the leased asset by the seller.
financial lease, lessor, lessee, seller, risk of default of a contract
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L.V. Usovich Problems of the Legal Regulation of Real Estate Financial Lease
The author reveals problems of legal regulation of financial leasing activities, in particular issues of conclusion, execution and state registration of financial leasing agreement as a form of real estate lease agreement. The author analyses specific features of conclusion and state registration of contracts on financial lease of land plots and buildings located thereon.
financial leasing activities, real property item, financial lease, state registration of rights, state registration of transactions
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ANALYTICS: SPEAKER’S CORNER
D.S. Vlasov Disparity Agreement on Resolution of Disputes in the Context of Resolution of the Supreme Arbitration Court of the Russian Federation No. 1831/12 ...
Disparity Agreement on Resolution of Disputes in the Context of Resolution of the Supreme Arbitration Court of the Russian Federation No. 1831/12 of 19.06.2012 in the Case of Russian Telephone Company vs Sony Ericsson Mobile Communications Rus.
Until recently, disparity agreements on the procedure of dispute resolution were often concluded in the Russian practice by executing prorogation and arbitration agreements in foreign trade transactions. The Presidium of the Supreme Commercial Court of the Russian Federation in its Resolution No. 1831/12 of 19.06.2012 for the first time addressed the issue of validity of such agreements in accordance with the norms of Russian legislation and came to the conclusion that they disrupt the balance of interests of the parties and are, therefore, invalid. In this regard it would be interesting to analyze the abovementioned resolution, as well as to refer to experience of developed legal orders and their ways to resolve the issue.
disparity (asymmetric) agreement on resolution of disputes, arbitration (prorogation) clause, the Russian Federation, England, the United States of America, France, Germany, the European Union
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E.A. Tikhomirova Qualifications of Investment Contracts for Tax Purposes: Analysis of Recent Trends in Judicial Practice
The author considers the problem of qualification of investment contracts for tax purposes, analyzes the recent judicial practice on the issue, and identifies the main trends of its development. Particular attention is paid to the impact on the results of tax disputes of the legal position of the Supreme Commercial Court set out in Resolution of the Plenum of the Supreme Commercial Court No. 54 of 11.07.2011 On Some Issues of Resolving Disputes Arising from Contracts Concerning Real Estate that Will Be Built or Acquired in the Future.
investment agreement, VAT, qualification for tax purposes, agreement with elements of contracts of hiring work and sale, agreement with elements of the joint venture
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M.Ya. Lubchenco Algorithm for Consideration by Commercial Courts of Cases on Recovery of Expenses for Payment of Services of Representatives
The author of the article draws the readers’ attention to controversial issues arising in judicial practice within the application of Chapter 9 of the Arbitration Procedural Code of the Russian Federation. Taking into account the practice of the Supreme Commercial Court of the Russian Federation and federal district commercial courts, the author brings forward a model algorithm for consideration of cases on recovery of expenses for payment of services of representatives, which can be used in practice.
legal costs, expenses for payment of services of representatives, criteria of reasonableness, participation in a hearing, transportation costs, costs of documents preparation
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E.A. Skvortsova Legal Mechanisms for Counteraction against Corruption in European Countries
The article presents a comparative legal analysis of anti-corruption systems of the Russian Federation and of European federated states (Austria, Belgium, Germany, and Switzerland). The author investigates experience of foreign countries in counteraction against corruption and the possibility of its application in the Russian legal system.
counteraction against corruption, executive authorities, federal structure of a state, foreign experience
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APPLICATION PRACTICE OF ARBITRATION PROCEDURE CODE