Журнал ЗАКОН

At the accomplishment of its work and being motivated by the goals of establishment of settlement procedures Plenum of the Supreme Commercial Court of the Russian Federation has adopted recommendations to the commercial court on the issues of settlement of parties. Present article provides selected comments to the corresponding Plenary Resolution of the Supreme Commercial Court of the Russian Federation.

The article enlists certain issues of determination of a competent court in regard to a range of categories of the economic disputes as well as eventual procedural ways to solve them.

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Keywords: jurisdiction, competent courts, diverse economic activity, corporate disputes, disputes on declaration of ownership, disputes on declaration of annulment of transactions

The article faces issues of property interests protection of subjects of entrepreneurship at termination of entrepreneurial activity on non-residential property in their ownership placed in housing blocks and being subject to demolition due to emergency situations, accidents and man-induced disasters. Steady rising quantity of natural or man-induced emergency situations calls for an adequate legal regulation in this field.

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Keywords: emergency situations, remedy, losses, buy-out of land plots for state needs, compensation, extraordinary expenditures fund, collective funds, mutual insurance companies

Goal of the research is analysis of practical application of legislative provisions for recognition of legal entities as inactive. Author arrives at the conclusion about absence of uniformity of courts practice in the question of legality of exclusion of commercial entity out of the register if it de facto performs the entrepreneurial activity with the hallmarks of an inactive legal entity set by the law.

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Keywords: inactive legal entity, exclusion of the register, factual economic management

The article is devoted to the issue of designation of jurisdiction between general jurisdiction courts and commercial courts considering the cases of challenging the decisions of administrative organs about imposing of administrative sanctions on legal entities and individual entrepreneurs. A conclusion about the necessity of legislation improvement in this sphere is made after the thorough analysis of current laws and courts practice.

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Keywords: jurisdiction, designation of jurisdiction, competence of commercial courts, jurisdiction of cases challenging imposition of administrative sanctions

The article describes such categories of anti-trust law as coordination of economical activity and economic concentration. Definitions of the items in Russian and foreign law are given with their general characteristics.

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Keywords: business competition, anti-trust law, coordination of economical activity, economic concentration, merging, consolidation

The article presents a research of issues of misuse of right by the members of controlling organs of business entities as well as violation of their obligations to act reasonably and in good faith in the interests of the legal entity. According to the results of comparison of present types of illegal actions author arrives at the conclusion about existence of potential qualification of all violations of the members of controlling organs of business entities including the misuse of their right as violation of their obligation to act reasonably and in good faith in the interests of legal entity foreseen by Art. 53 of the Russian Civil Code.

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Keywords: business entity, member of controlling organ, misuse of right

Present work is devoted to the questions of annulment of a commercial court’s decision by the national courts on the ground that the arbitration process was built on the arbitrage clause being unfair clause of a contract according to the EC Directive 93/13/EEC Unfair Terms in Consumer Contracts of 05.04.1993. European Court has arrived to the conclusion that in the “Claro against Movil” case the decision of commercial court can be annulled by a national court if it is based on arbitrage clause being unfair clause of a contract and it has also pointed out that the consumer is not obliged to prove unfairness of arbitrage clause during the arbitration process. Therefore the national court can solely find the clause unfair and cancel it of its own motion. This approach was based on that fact that the arbitration clause hasn’t been matched with the terms of EC Directive on unfair terms in consumer contracts that are, according to the opinion of the European Court, a part of European public policy. In spite of the variety of approaches to the case the idea of the European Court is clear to be understood. Commercial court is a mean to solve B2B disputes whereas B2C disputes must be solved by alternative means or by the national courts of general jurisdiction. Author settles a range of thoughts about potential influence of the decision on Claro case on the Czech legal order, partially analyses Czech Law on arbitration process and Czech Civil Code in the context of disputes with participation of consumers.

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Keywords: consumer, arbitration, award, unfair clause of a contract, arbitration clause, Claro case, Directive on unfair terms in consumer contracts, consumer protection, European public policy, recognition and enforcement