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ARCHIVE FOR 2014    RUSSIAN

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Ноябрь 2014

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INTERVIEW OF THE ISSUE

V.A. Belov. Securing the turnover stability we also secure the stability of absolute rights

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Sergei Valerievich HARCHENKO Invalidity of resolution of the general meeting of LLC members: development and issues of legal regulation
THE ARTICLE IS DEVOTED TO SUCH TYPE OF DEFENCE OF CIVIL RIGHTS AS DECLARING A RESOLUTION OF THE GENERAL MEETING OF LLC MEMBERS INVALID. MAIN EMPASIS IS LAID ON THE ANALYSIS OF NOVELTIES IN CIVIL LAW SETTING THE GROUNDS FOR NULLITY AND VOIDABILITY OF RESOLUTIONS OF GENERAL MEETINGS OF LLC MEMBERS AND QUESTIONS COMBINED WITH THE CONSEQUENCES OF THEIR INVALIDITY.
Keywords: declaring the resolution of the general meeting of LLC members invalid, nullity and voidance of general meeting resolution, consequences of voidance of general meeting resolution
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Igor Alexandrovich MAKAROV. Discharge of creditor’s claims as preference transaction on the stage of verification of validity of bankruptcy petition against the debtor
CAN THE DISCHARGE OF SCHEDULED CREDITOR’S CLAIMS IN BANKRUPTCY CASE BE EVALUATED AS A PREFERENCE TRANSACTION ON THE STAGE OF VERIFICATION OF VALIDITY OF BANKRUPTCY PETITION? CAN THE CREDITOR REFUSE TO ACCEPT SUCH PERFORMANCE? CAN THE COURT GIVE APPRAISAL OF THE TRANSACTION OF CANCELLING AT THE STAGE OF CLAIMS REVIEW AS WELL AS DECLARE IT VOID AND NOT ACKNOWLEDGE IT FOR IMPLEMENTATION OF THE PROCEDURE?
Keywords: bankruptcy, validity verification of bankruptcy petition, preference transaction
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Anton Olegovich UVAROV. Defense of rights of the fair parties to invalid transactions
AUTHOR TREATS THE ISSUE OF DEFENSE OF FAIR PERTIES TO INVALID TRANSACTIONS AS WELL OF THEIR VIOLATED RIGHTS AND THE MOMENT FROM WHICH THE INVALID TRANSACTION (DECLARED INVALID BY THE COURT) IS VALID, THE LIMITATION PERIOD FOR CLAIMS OF ACKNOWLEDGMENT OF INVALID TRANSACTIONS EFFECTED IN VIOLATION OF LAW.
Keywords: invalid transactions, challenging invalid transactions, consequences of voidance of transactions, fair parties to invalid transactions
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Vadim Sergeevich PETRISHEV. Qualification and disputing of an invalid provision of contract.Problems of adaptation to the new regulations of Art. 168 of the Russian Civil Codeby the example of one contract term
THE ARTICLE IS DEVOTED TO THE ISSUE OF ADAPTATION OF COURTS PRACTICE TO THE CHANGE IN ASSUMPTION TO INVALIDITY OF LEGAL TRANSACTIONS CONTRADICTING WITH LAW OR OTHER LEGAL ACT. PRACTICAL DIFFICULTIES OF MECHANICAL USE OF THE NEW VERSION OF ART. 168 OF THE CIVIL CODE OF THE RUSSIAN FEDERATION TO THE EXISTING APPROACHES OF COURTS PRACTICE.
Keywords: Art. 168 of the Russian Civil Code, voidable transactions, preferred repayment of punitive sanctions
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Lyudmila Anatolievna INESHINA. Misuse of right as basis for holding the transaction invalid
THE ARTICLE SHOWS THE ISSUES OF QUALIFICATION OF BEHAVIOUR OF PARTIES AS MISUSE OF RIGHT IN THE FRAMES OF VARIOUS CATEGORIES OF DISPUTES. AUTHOR PAYS SPECIAL ATTENTION TO AWKWARDNESS OF SETTING OIF THE CRITERIA FOR DETERMINATION OF WILL OF LEGAL SUBJECT AND QUALIFICATION OF ITS BEHAVIOUR AS MISUSE OF RIGHT.
Keywords: misuse of right, will of a subject in legal relationship, voidance of transaction, discretion of the court
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ANALYTICS: SPEAKER’S CORNER

Alexei Alexandrovich MALYUSHIN, Yulia Leonidovna GORODILOVA. Debt recovery from the state owned agencies in arbitrational proceedings
THE ARTICLE PRESENTS PECULIARITIES OF DEBT RECVOVERY FROM VARIOUS TYPES OF STATE OWNED AGENCIES.
Keywords: state agency, budgetary funded agency, state unitary enterprise, federal state institution, state-owned federal state institution, federal state-funded institution, debt collection, subsidiary liability
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Sophia Yurievna PHILLIPOVA Specialised financial enterprise — new legal organisational form of commercial legal entity?
THE ARTICLE PROVIDES ANALYSIS OF THE FEDERAL LAW “ON THE SECURITIES MARKETS” RELATING TO THE IMPLEMENTATION OF NORMS ON SPECIALISED FINANCIAL ENTERPRISE. AUTHOR EXPRESSES DOUBDS CONSIDERING THE POSSIBILITY TO REFERR IT TO BUSINESS ENTITIES AND THINKS THAT THE LEGISLATOR CONSTRUCTED NEW LEGAL ORGANISATIONAL FORM OF LEGAL ENTITY BYPASSING THE PROHIBITION OF ESTABLISHMENT OF OTHER COMMERCIAL LEGAL ENTITIES THAN COVERED BY THE CIVIL CODE.
Keywords: specialised financial enterprise, legal organisational form of legal entity, law on the securities markets
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Elena Andreevna ARTEMYEVA. Agreements and concerted practices of commercial entities as types of monopolistic activities
THE ARTICLE COVERS THE ISSUE OF DIFFERENCIATION BETWEEN CONCEPTS OF AGREEMENT AND CONCEPT OF CONCERTED PRACTICES IN REGARD TO ACTIONS OF BUSINESS ENTITIES BEING FOUND AS VIOLATING ANTI-TRUST LAWS. AUTHOR PROVIDES ANALYSIS OF COURTS PRACTICES FOR THE PURPOSES OF CONSOLIDATION OF LEGAL APPROACHES TO USAGE AND INTERPRETATION OF THE ADRESSED CONCEPTS.
Keywords: anti-trust agreements, pool, concerted practices of commercial entities restraining competition
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Andrei Alexandrovich SOLOVIOV. Setting up the automatised distribution of cases in commercial courts of primary jurisdiction: experience of the Moscow Region Commercial Court
AUTHOR ANALYSES THE CAUSES FOR SWITCH OF GENERAL JURISDICTION COURTS AND COMMERCIAL COURTS TO THE AUTOMATISED DISTRIBUTION OF CASES. HE ALSO FACES POSITIVE ASPECTS OF SETTING UP THE AUTOMATISED CASE DISTRIBUTION SYSTEM, POINTS OUT THE MAIN CHALLENGES OF ITS USE. SPECIAL EMPHASIS IS LAID ON THE EXPERIENCE OF MOSCOW REGION COMMERCIAL COURT IN THE SPHERE OF ESTABLISHMENT OF CORRESPONDENT WORKS.
Keywords: automatised distribution of cases, automatised information system, first instance commercial courts, Moscow Region Commercial Court
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APPLICATION PRACTICE OF ARBITRATION PROCEDURE CODE

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