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ARCHIVE FOR 2013    RUSSIAN

Сентябрь 2013

CONTENT

 

 

OFFICIAL SECTION

 

 

 

 

 

 

COURT PRACTICE

 

 

INTERESTING CASE. COMMENTS OF EXPERTS

 

K.V. Karashev Specific Features of Proving Offenses in the Area of Environmental Protection and Management of Natural Resources
The author of the article draws the reader’s attention to the importance in administrative cases of materials received by the administrative authority during a scheduled inspection of compliance of an economic entity with the environmental legislation. Besides, the author addresses the position of the availability in administrative cases of circumstances that can only be ascertained by specific evidence.
Keywords: evidence, protocol on administrative offense, inspection protocol, protocol of inspection of premises and/or territories held by an economic entity, offense in the area of the environmental protection and management of natural resources
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Yu.R. Kurmambaeva Who Will Pay for the Waste?
Contradictions existing in the legislation on the environmental protection for many years have been generating numerous litigations around the subject obliged to pay for the industrial waste disposal. Even the uniform practice of the Supreme Commercial Court of the Russian Federation and the Supreme Court of the Russian Federation failed to stop them: judges of the West Siberian Federal District annually consider dozens of similar cases.
Keywords: waste disposal, payments for negative impact on the environment, specialized activity, the Federal Supervisory Natural Resources Management Service, Article 8.41 of the Code of Administrative Offenses of the Russian Federation
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S.G. Zyuzin Legal Aspects of Compensation for Damage to the Environment Caused During Construction of Linear Facilities
The author covers legal aspects of compensation for damage (in particular, determination of the amount of damage) to the environment caused during construction and reconstruction of linear facilities. The article contains analysis of approaches existing in the court practice to resolve disputes relating to compensation for damage caused to the environment.
Keywords: damage to the environment (environmental damage), compensation for damage, linear facilities, determining the amount of damage, destruction of soil, soil deterioration
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V.S. Ershova Development of the Ukrainian Legislation on Environmental Protection in the Framework of Cooperation with the European Union
The article focuses on innovations in the Ukrainian legislation on the environmental protection and the results of their implementation, which is becoming particularly acute nowadays, at the threshold of a new stage of relations between Ukraine and the European Union - the possible signing of the Association Agreement. The author characterizes basic steps the Ukrainian legislation should go through in order to adopt to the environmental standards of the European Union.
Keywords: environmental protection, legislation of Ukraine, Association Agreement
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THEORY AND PRACTICE

N.A. Gorskikh State Support Agreement: Problems of Legal Regulation
The article delves into issues of legal regulation of the state support agreement, envisages its legal nature and assesses certain problems of application of the rules of civil and fiscal legislation to relations arising out of the agreement.
Keywords: state support, state support agreement, administrative agreement, donation
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E.V. Aristova Certain Aspects of Determining the Cost of Services for Electric-power Transmission
The article is dedicated to the issues related to consideration of cases on determining the cost of services for electric-power transmission. The author considers being unreasonable any increase in the amount of actually transmitted electricity confirmed by the metering device by the percentage of loss that actually does not take place. The author argues on the necessity to determine the value of the service with view to the agreed voltage level at which the consumer’s network is connected.
Keywords: disputes in the electricity sector, recovery of the cost of services for electric-power transmission, agreed voltage level, value of the supplying (highest) voltage of the supply center (substation), percentage of the network losses
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R.B. Dzhanibekova Problem of Confirmation of Tax Residence Associated with Apostillation
The article envisages the problems of confirmation of tax residence in a foreign country associated with apostillation, taking into account the international law, as well as the tax legislation and judicial practice of the Russian Federation.
Keywords: double taxation, tax residency in a foreign state, apostille, the Hague Convention of 1961, Resolution of the Presidium of the Supreme Commercial Court of the Russian Federation No. 990/05 of 28.06.2005
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I.V. Yakovleva Transparency of the Judiciary: Legislative and Practical Problems
The author produces analysis of the legal regulation of information transparency and accessibility of judicial activities. The article investigates practical problems arising when implementing the forms of judiciary transparency. The article contains a commentary on Article 13 Interaction with the Media of the Code of Judicial Ethics adopted on 19.12.2012 by the 8th All-Russian Congress of Judges.
Keywords: justice, judicial reform, publicity and accessibility of judicial activity, the Code of Judicial Ethics
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