ARCHIVE FOR 2014 RUSSIAN
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Август 2014
CONTENT
INTERVIEW OF THE ISSUE
ON COURT
S.I. Teterkina Special aspects of court fees assignment at bankruptcy trials Author faces the main principles of court fees assignment at bankruptcy trials as well as actual questions of legal practice arising of resolutions of petitions against bankruptcy manager’s actions, petitions for indemnification of bankruptcy creditors’ charges taking part at consideration of special disputes in the adjudication under review of a bankruptcy case as well as in the case of applicants refusal in a bankruptcy case to finance further bankruptcy procedures. New lines of approach to the problem basing upon the positions of the Constitutional Court and Supreme Commercial Court that can be used at adjudication of similar cases.
Keywords:
bankruptcy manager’s expenses on representative, expenses on prosecution in bankruptcy trial, bankruptcy creditor, applicant in bankruptcy trial
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N.A. Chekmaryova Acknowledgement of reasonableness of met legal expenses The article is dedicated to collection of legal expenses on payment of the representatives’ charges. Main attention is paid to the issue of proving of the met legal expenses and inter alia of variability of criteria of their evaluation. Author shows the approaches of commercial courts to evaluation of legal expenses’ reasonable limits on the examples taken of legal practice.
Keywords:
legal expenses, representative services, reimbursement, criteria of reasonableness, excessiveness of legal expenses
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HOT TOPICS!
ANALYTICS: SPEAKER’S CORNER
A.A. Malyushin, U.L. Gorodilova. Processual peculiarities of recourses against decisions of arbitration courts The article consists of particular features of recourses against decisions of arbitration courts in adjudicatory proceedings. Authors note that participants of arbitration have a right to recourse against decisions of arbitration court in relation to the disregard of main adjudicatory remedial rights and courts are not entitled to evaluate the propriety of application of the rules of substantive laws by the arbitration courts.
Keywords:
arbitration court, recourse against decision of arbitration court, enforcement of a decision of arbitration court
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M.A. Micheyenkova. In what cases does the court dismiss the decrease of the indemnity amount according to the rules of Art. 333 of the Russian Civil Code? The article shows us the grounds for dismiss of indemnity amount decrease according to the rules of Art. 333 of the Russian Civil Code most widely met in courts’ practice. Requirements of procedural legislation needed to be respected for application of the Art. 333 including the distribution of the burden of proof and regulatory actions are also analysed in the article. Main substantive criteria for courts’ purposes of settling of presence or absence of causes for indemnity amount decrease are framed on grounds of case materials.
Keywords:
decrease of the indemnity amount by court, Art. 333 of the Russian Civil Code, evident disparity of default charge
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E.A. Artemyeva Antimonopoly regulation in the context of juristic globalisation The article is devoted to peculiarities of antimonopoly regulation in the context of juristic globalisation. Author analyses forms of antimonopoly activities aimed on the maintenance of competitive environment level on the Russian market in view of the contemporary economical integration.
Keywords:
antimonopoly regulation, antimonopoly activity, international cooperation on protection against unfair competition, exterritoriality of the law on competition
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