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ARCHIVE FOR 2014    RUSSIAN

Август 2014

CONTENT

 

 

INTERVIEW OF THE ISSUE

 

ON COURT

 

I.O. Vorobieva, V.P. Bykov, A.F. Finogenov. Special aspects of collection of legal costs for payment for services of the representatives of third parties taking part at arbitration proceedings
The article studies matters of legal positions used by commercial courts at trials combined with apportion of court fees for payment for services of representatives of third parties being brought to the proceedings as a non-party intervener.
Keywords: third parties, court fees in arbitrational proceedings, payment for services of the representatives of third parties, reasonable amount of charges
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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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A.A. Gladilina Collection of legal expenses on payment for representative’s services for the benefit of third parties being brought to the proceedings as a non-party intervener
The article presents a question of collection of legal expenses for the benefit of third parties being brought to the proceedings as a non-party intervener in view of the existing arbitrational practice and of the current legislation of Russian Federation.
Keywords: third party as non-party intervener, legal expenses, collection of legal expenses
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A.S. Jernakov Issues of assignment of legal expenses combined with participation of a third party as a non-party intervener
Various approaches to reimbursement of legal expenses of third parties being brought to the proceedings as a non-party intervener as well as direct collection of such expenses incurred by parties participating at trial from the third parties are examined in the article.
Keywords: legal expenses, third parties
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L.V. Fedulova Assignment of legal expenses at handling of disputes about cadastral value of ground areas
Cadastral value of ground areas is actively litigated at the present time because of its lack of correspondence to the market value. Author considers a possibility to include into legal expenses delivery of ground areas fair market valuation reports being a part of evidence in the case.
Keywords: legal expenses, cadastral value of ground area, evaluation, expertise, Valuation Act
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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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M.V. Borzykin, Y.V. Njemtinova. Legal expenses: present and past
Authors conduct analysis of the changing tendencies in legal expenses (court fees) reimbursement matter and order in prerevolutionary Russia, in the Soviet period and in the modern Russian law.
Keywords: legal expenses, court fees, stamp fees, office fees, process fees
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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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A.A. Soloviev. About the conceptional approaches to definition of nature and entity of administrative justice in the current foreign legal doctrine
Author views the main approaches to definition of the nature and of the entity of administrative justice in the current foreign legal doctrine. The article consists of analysis of positions of the foreign lawyers concerning the entity, concept, main models, system and mechanisms of this legal institution.
Keywords: administrative justice, foreign legal doctrine, models of administrative justice, concepts of administrative justice, nature of administrative justice
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R.R. Khatmulina. Pledge of liability rights (“nantissement de creances”) in the French law: reform of the security right of 2006
The article covers the main stages of appearance, development and restructuring of the French pledge of liability rights. Unlike the Russian law French pledge of liability rights (claims) is governed by the rules of the pledge of unbodied movable property or by the rules of mortgage depending on whether the right (claim) relates to a movable or immovable property.
Keywords: French law, pledge of unbodied movable property, pledge of liability rights (claims), mortgage of liability rights (claims), relisation of legal lien
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