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ARCHIVE FOR 2014    RUSSIAN

Март 2014

CONTENT

 

 

FREE TRIBUNE

A.V. Yegorov German Offset Model Applied to Russian Realities: Theory and Practice
The author analyzes the provisions of the German law on offset and expresses an opinion which of them can be borrowed by the Russian law.
Keywords: offset statement, offset validity conditions, offset retroactive force
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S.L. Budylin Inner Conviction or Balance of Probabilities? Standards of Proof in Russia and Abroad
In common law, the standard of proof is the criterion which is the base for assessing the evidence and establishing the facts. Two basic standards are the “preponderance of evidence” (or the “balance of probabilities”) and “beyond reasonable doubts”. The term ‘standard of proof’ is not common for continental European law and jurisprudence. The evidence is evaluated on the basis of the subjective principle of ‘inner conviction’. Meanwhile, observation of the Russian arbitration practice suggests that in the absence of the “official” standard of proof in the courts the “underground” standards were spontaneously formed, implying non-optimally high requirements for proof. It is proposed to introduce the standard of proof in civil disputes in Russia, similar to the common standard of “preponderance of evidence”.
Keywords: : standard of proof, evaluation of evidence, “preponderance of evidence” standard, “beyond reasonable doubts” standard
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S.A. Kuznetsov On the Court’s Power to Change Justification of Creditors’ Meeting Claim
The author analyzes the legal position of the Plenum and the Presidium of RF SAC considering the case of bankruptcy, to change of own motion the reason of demand to remove the bankruptcy manager, specified in the relevant request of creditors’ meeting (committee), and remove the bankruptcy manager.
Keywords: : reason of demand, removal, bankruptcy manager, creditors’ meeting (committee)
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A.Ye. Solohin Commentary to Resolution of RF SAC Plenum on Procedural Time Limits No. 99, dd. December 25, 2013 “On Procedural Time Limits
The commentary highlights the reasons for developing a comprehensive resolution of RF SAC Plenum, its importance is justified by the need to change the control function of procedural time limits, further optimization and improvement of the quality of justice. The author examines in depth the genesis and evolution of approaches contained in the resolution, reveals their features and draws attention to the problematic issues.
Keywords: procedural time limit, caseload, quality of justice, reasonable time period, compensation, court adjournment, stay of trial, expedition of case, reflection delay of proceedings, restoration of period
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RULING OF THE PRESIDIUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

Review of legal opinions of RF SAC Presidium concerning individual rights
The review describes the legal positions contained in the regulations of SAC RF, published on site: www.arbitr.ru, in January 2014. The review has been prepared by the staff of individual rights bureau of SAC RF for information purposes only, and it is not an official position of SAC RF. Refer the text of the resolutions of Presidium of SAC RF itself to ascertain this position.
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MATERIALS OF THE PLENUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

 

 

 

 

 

 

RULING OF THE PRESIDIUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION