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ARCHIVE FOR 2014    RUSSIAN

Июнь 2014

CONTENT

 

 

FREE TRIBUNE

V.V. Baybak Causal connection as condition for contractual liability: comparison and adjudication
The article presents a study of one of the key conditions for incurrence of contractual liability which is the cause and effect relationship between the breach of contract and creditor’s losses. Author considers the main approaches to identification of legally relevant cause and effect relationship used in various legal orders and in the international practice. Also situations of existence of several rows of cause and effect relationships are discussed and solutions occurring as the most effective for such cases are suggested.
Keywords: cause and effect relationship, contractual liability, losses

 

B.V.Tatlybaev Recovery of damages inflicted by insider trading: proper plaintiffs and liability concepts
Modern Russian law provides only criminal or administrative liability for misuse of insider information (insider trading). Mechanism of bringing the insiders to responsibility for losses inflicted by the insider trading is not present in the Russian law. The article provides analysis of theories (concepts) of civil liability for losses inflicted by insider trading being used in foreign jurisdictions as well as the analysis of the (financial) market stability theory. Author analyses eventual paths for development of the Russian legislation due to the prism of intercepted concepts of investors’ rights defense against the insider trading.
Keywords: insider trading, damages, civil liability
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M.A. Erokhova Commentary to the Plenary Resolution of the Supreme Commercial Court of the Russian Federation of 04.04.2014 № 22 “On Separate Issues of Adjudication of Money Sums to the Plaintiff for Non-Performance of a Judicial Act”
As it is stated in the project of alterations to the Arbitration Procedure Code of the Russian Federation which is believed to be adopted because of emerging of the unitary Supreme Court and elimination of the Supreme Commercial Court of the Russian Federation the commercial courts have right to refer to the remaining valid plenary resolutions of the Supreme Commercial Court in the reasons for judgment. This phrase has most likely the following sense: Plenum of the Supreme Court will decide which commentaries of the Supreme Commercial Court of the Russian Federation will remain valid and which won’t. Apparently some of the commentaries won’t remain valid being transformed into the so called soft law having no sanctions of official enforcement but remaining prepared by the experts on law and being a description of possible approach to the problem of human relationships.
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R.A. Taradanov Towards the acceptability of attachment of the immovable property status to the auxiliary buildings, structures and facilities. Commentary to the Resolution of the Presidium of the Supreme Commercial Court of the Russian Federation of 24.09.2013 № 1160/13
The article provides an analysis of legal position given in the Resolution of the Presidium of the Supreme Commercial Court of the Russian Federation of 24.09.2013 № 1160/13 about the attachment of the immovable property status to the auxiliary buildings in the context of preceded judicial practice of the Presidium of the Supreme Commercial Court of the Russian Federation as well as of the existing discrepancies in the civil law doctrine regarding the interpretation of terms and criteria taken as a basis of analysed legal position.
Keywords: Presidium of the Supreme Commercial Court of the Russian Federation, immovable property, auxiliary object
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Survey of legal positions of the Presidium of the Supreme Commercial Court of the Russian Federation concerning private law
The survey presents a description of the legal positions containing in resolutions of the Supreme Commercial Court of the Russian Federation published on the web-site www.arbitr.ru in April 2014. The survey is prepared by the staff of the Private law board of the Supreme Commercial Court of the Russian Federation exclusively serving the informational purpose and not being the official position of the Supreme Commercial Court. For substantiation of such official position please refer directly to the text of the resolutions of the Supreme Commercial Court of the Russian Federation.
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MATERIALS OF THE PLENUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

Plenary Resolution of the Supreme Commercial Court of the Russian Federation of 04.04.2014 № 22. “On Separate Issues of Adjudication of Money Sums to the Plaintiff for Non-Performance of a Judicial Act”
On separate issues of adjudication of money sums to the plaintiff for non-performance of a judicial act. According to Article 13 of the Federal Constitutional Law of 28.04.1995 “On Commercial Courts in Russian Federation” Plenum of the Supreme Commercial Court of the Russian Federation decides to provide the following explanations in relation to questions arising in the courts practice and for the purposes of feasibility of judicial acts of commercial courts.

 

Plenary Resolution of the Supreme Commercial Court of the Russian Federation of 04.04.2014 № 23 “On Certain Issues of Practical Application of Expertise Laws by Commercial Courts”
On certain issues of practical application of expertise laws by commercial courts. According to Article 13 of the Federal Constitutional Law of 28.04.1995 № 1 ФКЗ “On Commercial Courts in Russian Federation” Plenum of the Supreme Commercial Court of the Russian Federation decides to provide the following explanations to commercial courts in relation to questions arising in the courts practice and for the purposes of uniformity of implementation of expertise laws by commercial courts.

 

Plenary Resolution of the Supreme Commercial Court of the Russian Federation of 04.04.14 № 24 “On Alterations to the Plenary Resolution of the Supreme Commercial Court of the Russian Federation of 08.10.12 № 61 “On Greater Openness in Commercial Process””
On alterations to the Plenary Resolution of the Supreme Commercial Court of the Russian Federation of 08.10.2012 № 61 “On Greater Openness in Commercial Process” According to Article 13 of the Federal Constitutional Law of 28.04.1995 № 1 ФКЗ “On Commercial Courts in Russian Federation” Plenum of the Supreme Commercial Court of the Russian Federation decides to perform the following alterations to the Plenary Resolution of the Supreme Commercial Court of the Russian Federation of 08.10.2012 № 61 “On Greater Openness in Commercial Process”.

 

Plenary Resolution of the Supreme Commercial Court of the Russian Federation of 16.05.2014 № 28 “On Particular Issues Combined with Challenging of Significant Transactions and Related Party Transactions”
On particular issues combined with challenging of significant transactions and related party transactions. According to Article 13 of the Federal Constitutional Law of 28.04.1995 № 1 ФКЗ “On Commercial Courts in Russian Federation” Plenum of the Supreme Commercial Court of the Russian Federation decides to provide the following explanations to commercial courts in relation to the questions arising in courts practice concerning challenging of significant transactions and related party transactions.

 

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