Magazine content за Август 2013 г.
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ARCHIVE FOR 2013    RUSSIAN

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Август 2013

CONTENT

 

 

FROM THE EDITORIAL OFFICE

 

INTERVIEW OF THE ISSUE

 

ON THE COURT

 

CASE OF INTEREST

 

 

 

V.V. Yarkov Interpretation of Regulations Contained in Article 121 of the Arbitration Procedural Code of the Russian Federation in Relation to Foreign Parties in the Proceedings
The article deals with problems arising in connection with court notifications in disputes complicated by a foreign element. The author examines available methods of notification of foreign participants in proceedings held in Russia, including in cases of direct notification, describing specific features of compliance with the requirement of advance notification both in Russia and abroad.
Keywords: notifications, judicial notifications, arbitration proceedings, foreign participants in proceedings, the Hague Convention of 1965
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S.K. Zagaynova General Rules of Proper Notification of Participants in Arbitration Proceedings
On the basis of the doctrine and judicial practice in arbitration proceedings, the author explores the general rules of proper notification of participants in arbitration proceedings.
Keywords: arbitration proceedings, judicial notifications, proper notification, presumption of proper notification
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M.A. Mazurenko Notification of Persons Involved in a Case about the Court Adjournment in the Practice of Commercial Courts
Analyzing the practice of the Federal Commercial Court of the North Caucasus region, the author reveals the general and specific conditions of proper notification of participants in arbitration proceedings about the court adjournment.
Keywords: adjournment, proper notification, public announcement, hearing, judicial practice
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M.S. Nosenko Notification of Parties in Summary Proceedings
This article analyzes the existing judicial practice of applying the rules of the Arbitration Procedural Code of the Russian Federation governing the procedure of notification of participants in a case tried under the summary proceedings.
Keywords: notification of parties, summary proceedings
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ANALYTICS: FREE TRIBUNE

A.V. Milkov To the Issue concerning Structure of the System of the Legal Regulation Mechanism
The article considers the issue of composition (structure) of the mechanism of legal regulation. Applying general theory on hierarchical character and functionality of systems to the mechanism of legal regulation, the author substantiates the conclusion that the system of the mechanism of legal regulation is composed of regulatory and protective subsystems and regulatory and enforcement norms and relationships as elements of the above mentioned subsystems.
Keywords: system of the mechanism of legal regulation, hierarchy of the system of the mechanism of legal regulation, functions of the mechanism of legal regulation
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G.B. Kazachenko, O.B. Ganyushkina Provision of Information to Participants in Legal Entities
Based on the analysis of the current laws and practice of corporate disputes resolution, the authors identify problems arising in connection with provision of information to participants in legal entities and offer possible solutions thereto.
Keywords: corporate conflict, provision to participants in legal entities of information about the company, information about the company’s activities
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Z.H. Dokshokova Grounds for Transfer of Shares in the Authorized Capital of a Limited Liability Company
The article covers the issue of alienation of a share or a part thereof in the authorized capital of a limited liability company and examines transactions related to circulation of shares in the authorized capital of a limited liability company.
Keywords: limited liability company, alienation of a share, authorized capital, procedure of and grounds for alienation of shares, alienation transactions, and share value.
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I.G. Turchin Specific Features of Exercise of Pre-emptive Rights for Privatization in the Framework of the Federal Law No. 159-FZ of July 22, 2008
Federal law No. 159-FZ on specific features of alienation of municipally or state-owned immovable property and property leased by small and medium-sized business entities, is aimed at providing targeted state support to small and medium-sized business entities through establishment of their pre-emptive right to participate in privatization of the leased immovable property. The law enforcement practice has developed different approaches to addressing the issues of application of the above Federal Law in respect of certain property and the procedure for calculation of periods of property possession that are comprehensively studied in the article.
Keywords: lease agreement, small and medium-sized business entities, privatization, state and municipal property, continuous possession, actual use, economic management, and operating control
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L.V. Shchennikova, M.P. Soshnikova Legal Nature of Warranty Obligations of the Contractor
The article contemplates the legal nature of the warranty obligation as an obligation independent of the contract of hiring work. The author examines different approaches to and representations on warranty obligations and warranty period, sets forth a definition of the warranty obligation outlining its contents. By the example of warranty retentions, the author demonstrates the practical benefits of the definition of the warranty obligation contained in the article.
Keywords: warranty obligation, warranty period, warranty retention, contract of hiring work, quality of work performed
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I.V. Chernysheva ‘Advertisement’ and ‘sign’: correlation and differentiation of the concepts
Based on the analysis of advertising legislation and practice of commercial courts, the author comes to the conclusion of necessity of a clear regulatory formulation of the ‘sign’ concept, defining the purpose of its installation (advertising / notifying) and the nature of information that can be placed on it.
Keywords: advertisement, sign, Law On Advertising
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