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ARCHIVE FOR 2013    RUSSIAN

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Октябрь 2013

CONTENT

 

Table of Contents

 

IN THE SCIENTIFIC ADVISORY BOARD

Recommendations of the Scientific Advisory Board at the Federal Commercial Court of the Ural District No.1/2013
Following the meeting held on May 30, 2013 in Ufa

 

AT THE FEDERAL ARBITRATION COURT OF THE URAL DISTRICT

State registration of real estate transactions
Following the round table held on June 21, 2013 with participation of Chairpersons and judges of the sixth judicial board of the Federal Commercial Court of the Ural District

 

COURT PRACTICE. COMMENTS

S.A. Kurochkin Commentary on the Review of the Practice of Resolution by Commercial Courts of Cases Relative to Application of the Public Policy Clause as a Ground to Refuse Recognition and Enforcement of Foreign Judgments and Arbitral Awards

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VIEW OF THE PROBLEM

E.A. Kravtsova Current Problems for Application of Part One of the Tax Code of the Russian Federation: Recognition of Tax Arrears, Outstanding Fines and Penalties as Non-recoverable
The author of the article substantiates that improvement of the legislation regulating the procedure of writing-off non-recoverable tax arrears and social insurance contributions to social funds is strongly sought-for by the current practice. The author highlights positive changes introduced in the tax law, in particular the effective mechanism for updating data on taxpayers' banking accounts. According to the author, the loss of opportunity to recover any arrear of social security contributions gives rise to problems of the legal regulation.
Keywords: tax arrears, arrear of social security contributions, personal account, recognition of an arrear an non-recoverable
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S.N. Volkov Certain Aspects of Complicity in Monopolistic Activities and Unfair Competition
Administrative prosecution of persons who do not fall within a special subject of competition legislation violations, as well as of persons who are, in accordance with competition law, members of a group of persons including a person who directly committed the violation presents difficulties in practice. The author puts forward solutions to the problematic issue.
Keywords: complicity, involvement, qualifying characteristics, group of persons, competition-restricting agreements (concerted actions), coordination, economic concentration, accountability, agency agreement
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Yu. B. Gongalo Termination of Interim Measures in Civil and Arbitration Proceedings
The article deals with the topical issues related to determination of the moment of termination of interim measures in accordance with the civil and arbitration procedural legislation. Based on the analysis of the practice of courts of general jurisdiction and commercial courts, the author identifies drawbacks of the existing approach to abolition of interim measures and advances amendments to the procedural law aimed at resolution of problems outlined in the article.
Keywords: abolition of interim measures, entry into force, amendments to the procedural law, dismissal of a claim
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DISCUSSION TRIBUNE

O.A. Stepanova Special Ruling and Recommendation to Eliminate Causes and Conditions That Contributed to the Commission of an Administrative Offense in the Arbitration Proceedings
The author substantiates the idea of restoration of the institute of special ruling in the arbitration proceedings, describes its possible structure and ways of improving the effective legislation. The article draws a comparison of the private court ruling and the recommendation to eliminate causes and conditions that contributed to the commission of an administrative offense.
Keywords: justice and the rule of law, arbitration proceedings, special ruling, recommendation to eliminate causes and conditions that contributed to the commission of an administrative offense
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S.S. Trushnikov To the Issue of Proving the Need for Capital Repairs of Common Property in the Apartment Building as at the Date of Privatization of the First Dwelling Premises
The article is dedicated to certain issues of proving the need for capital repairs of an apartment building as at the date of privatization of the first dwelling premises. Within the framework of regional programs of constituent units of the Russian Federation, since 2014 such buildings shall be subject to priority capital repairs of common property.
Keywords: capital repairs, privatization, proving
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R.R. Khatmulina Pledge of Rights (Claims) under the Banking Account Agreement: Comparative Legal Analysis of the law of Russia and France
The article investigates the concept of pledge of the money deposited in a banking account in accordance with the legislation of Russia and France. The author assesses advantages and disadvantages of possible amendments to the Russian legislation on pledge of rights (claims) under the banking account (deposit) agreement.
Keywords: pledge of rights (claims), accessority, foreclosure
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R.N. Minchenko Problems of Revision of Court Rulings in Civil Cases by the Supreme Court of Ukraine
The article reveals controversial issues related to specific features of proceedings for revision of court rulings in civil cases by the Supreme Court of Ukraine after their review in cassation.
Keywords: the Supreme Court of Ukraine, proceedings, court rulings, rules of substantive law, civil proceedings, legal relationships, access to proceedings
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