ARCHIVE FOR 2014 RUSSIAN
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Август 2014
CONTENT
AT THE FEDERAL ARBITRATION COURT OF THE URAL DISTRICT
COURT PRACTICE. COMMENTS
VIEW OF THE PROBLEM
T.I. Shaikheev. Peculiarities of legal status of commercial entity holding leading positions on goods market The article examines one of the key categories of the anti-monopoly law – the dominating position of a commercial entity on the market. It provides a range of terms for acknowledgement of a commercial entity as taking the dominating position on the market with disclosure of the consequences of such acknowledgement.
Keywords:
commercial entity, dominating position of a commercial entity on the market, market share, misuse of the dominating position, register of commercial entities
DISCUSSION TRIBUNE
N.A. Roshupkin. Characteristics of trademark trials The article presents the general description of trademark trials. The trials of subject matter, subject and object of such trials are analysed. General concept of trademark trials is proposed on the basis of separated attributes.
Keywords:
trademark, subject matter, subject and object of trademark trials
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E.E. Korshunova. Adoption of interlocutory injunction in bankruptcy cases: controversial issue The article describes the issue of relevancy of adopting by commercial court of a security measurement at the stage of bankruptcy proceedings in the form of prohibition to the registration organ to register the transfer of property right on the debtor’s property being the subject of transaction which is litigated by the bankruptcy supervisor.
Keywords:
security measurements, bankruptcy proceedings, ban on registration of the transfer of property rights
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S.L. Budylin. Question of law or question of fact? Proving and cassation Court is solving the issues of actual fact (whether any physical circumstances or mental states) during the passing of judgment as well as the questions of law (which universally binding rules are to be applied in the case): the first ones – on the basis of evaluation of evidences, the second ones – on the basis of legal and logical analysis. There also exists difference between the rules of revision of the questions by higher authorities: the questions of fact can be solved only by the courts subordinated in the legal hierarchy whereas the questions of law can be solved by the courts of all levels. Is spite of the significance of the topic Russian legislators, courts and law specialists are now showing not much interest towards it. By this attempt to fill up the gap author conducts the comparative analysis of approaches to the questions of law and fact in the USA and in Russia.
Keywords:
question of law, question of fact, proving, appeal, cassation, supervision, Russia, USA
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