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ARCHIVE FOR 2014    RUSSIAN

Январь 2014

CONTENT

 

FROM THE EDITORIAL OFFICE

 

 

INTERVIEW OF THE ISSUE

 

CASE OF INTEREST

 

 

ANALYTICS: COVER STORY

T.N. Maslova Solving the Problem of Settlement between the Parties in Civil Proceedings
The article presents a comparative legal analysis of the procedural rules governing the institution of settlement agreement, designates the issues that have not received legislative solution, formulates proposals aimed at harmonizing the civil procedural laws.
Keywords: settlement arrangements, mediation procedure, parties’ disposals, settlement agreement, mediation, preliminary court hearing
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R.K. Kaloyeva Issues of Settlement Agreement Enforcement in Arbitration Proceedings
The article examines the enforcement of settlement agreement in the arbitration proceedings for which there is no uniformity in judicial practice.
Keywords: arbitration proceedings, settlement agreement, enforcement of settlement agreement, delay, extension of settlement agreement deadline
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Z.M. Suleymanov Settlement Agreement in the Arbitration Court of Appeal. Experience of the Sixteenth Arbitration Appeal Court
The article gives a practical analysis of issues relating to the conclusion of the settlement agreement in arbitration proceedings at appeal stage, as well as of the issues related to cassation of the trial court orders on decline of settlement agreement approval. Typical examples are given relating the practice of the Sixteenth Arbitration Appeal Court for the cases of this category.
Keywords: settlement agreement, arbitration proceedings, court of appeal
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A.B. Natochiyeva Settlement and Mediation Agreement: Similarities and Differences
The article is devoted to the comparative analysis of the settlement and mediation agreements. Their similar and distinctive features, as well as the specifics of conclusion are examined in the article.
Keywords: settlement agreement, mediation agreement, agent, mediator, mediation process, conciliation procedures
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L.V. Maslennikova Mediation Agreement as the Condition and Foundation of Settlement Agreement Approval by Arbitration Court
The author analyzes the issue of the relation between mediation and settlement agreements and their legal correlation. The article also contains criticisms regarding the lack of mandatory content requirements in the mediation laws which should be applied in mediation agreements approved by the arbitration court as the settlement agreements.
Keywords: mediation agreement, settlement agreement, mediation, serving as intermediary, mediation procedure
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I.V. Paltseva Retired Judges as Judicial Mediators
The article discusses the prospects of developing conciliation procedures in Russia. The author considers the use of conciliation procedures under trial as a priority to improving mechanisms for settling economic disputes. Particular attention is paid to the possibility of bringing retired judges and assistant judges to court mediation.
Keywords: Mediation Law, conciliation procedures, judicial form of mediation, court mediation, retired judge
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ANALYTICS: FREE TRIBUNE

L.V. Schennikova Prospective of Civil Definition of Entrepreneurship
The publication is focused on one of the major categories of the civil law, the concept of entrepreneurship. The issues of private law dualism are discussed. The authors analyze the development of a legal definition of entrepreneurship in Russia. Analysis of the scientific literature and foreign legislation allows the authors to formulate a new vision of the civil construction of entrepreneurship.
Keywords: civil law, entrepreneurship, sales deal, entrepreneur
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L.A. Zelenskaya On Issue of Choosing the Form of Civil Proceedings Using Recognition of Rights as a Remedy
The article deals with the issue of correct choice of the civil proceedings form and proper remedy, exemplified with recognition of right as a means of civil rights protection. The author analyzes correlation of use of the claim for recognition of rights, the action for declaration of right, the statement of establishing the legal facts of possession and use of the property, and declaration of proprietary rights in the manner established by Chapters 33 of Civil Procedure Code of RF.
Keywords: remedy, form of civil proceedings, judicial defense procedure, reliefs, claim for recognition of rights, action for declaration of right, fact of possession and use of the property
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O.N. Korneyeva Civil Description of Contract for Mail Services in Relation to the Shipping Contract
Contract for rendering mail services is defined by the author as a separate enterprise agreement, which must not be confused with the shipping contracts. The article criticizes the view, according to which the contract for rendering mail services is considered as a mailing contract.
Keywords: contract, mail service, mail expedition, mail operator liability, delivery, transport of mail units
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K.T. Hatlamadzhiyan Author’s Rights Arising as a Result of Intellectual Property
The article investigates the rights gained by the author due to creation of intellectual property. The author’s rights are divided into the property rights and personal non-property rights, the criteria are suggested for dividing the rights into subgroups.
Keywords: : intellectual rights, author's property rights, author's personal non-property rights
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Yu.S. Yerofeyeva Peculiar Features of Legal Order and Plots Turnover as Part of Water Conservation Zones of Public Waters
The article analyzes the peculiarities of legal order and plots turnover as part of water conservation zones of public waters based on the practice of application and comparative law analysis of the standards of water, land and urban planning legislation
Keywords: waters, water conservation zones, coastal shelter belts, coastal belt, allocation of public ownership of land, plots turnover
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M.A. Mazurenko Emergence and Development of Summary Proceedings Institute in Arbitration Process of Russia
The article discusses the institute summary proceedings in the arbitration process, its emergence, development, problems and prospects.
Keywords: : summary proceedings, arbitration process, procedural law, Arbitration Procedure Code
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I.M. Deneka Supreme Courts of the USA and Canada: Formation of Jurisdiction
The article presents analysis of some aspects of defining the jurisdiction of the supreme courts in the USA and Canada at compiling their constitutions, taking into account the political and economic conditions in the countries, as well as the impact of jurisprudence on its further formation.
Keywords: the U.S. Supreme Court, The Supreme Court of Canada, Supreme Court instance, federal state, federation, confederation
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