ARCHIVE FOR 2014 RUSSIAN
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Ноябрь 2014
CONTENT
Y.B. Piskunov Editorial The malpractice of selling apartment in Moscow with real price of 15 million for 1 million could barely surprise anyone. Buyers being interested in one particular object turn a blind eye to the interests of the state budget. Still the issue of realty cost has a meaning not only in view of taxation but also in respect to the substantiation of fairness of attainment in vindication process to which no one is impervious.
Interview of the issue
The Event. Comments of the Experts
On the 150-th Anniversary of the Judicial reform in Russia Tsar Alexander II has adopted the judicial laws of 1864 at 20th November 1864 which led to establishment of a substantially new and prospectfull judicial and law procedure system being foretype of the modern legal system in Russia. Facing the celebrations of Anniversary of the Judicial reform we have asked our experts to evaluate its role in the evolvement of domestic law.
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Topic of the issue
L.Yu. Mikheyeva. New notary law for new notary actions. After conduction of a research concerning the approaches of domestic legislators to the notary reform presuming a more intensified use of notary form in civil circulation author shows why the development of the modern notary legislation in Russia could not be possibly imagined without re-evaluation of fundamental principles of the notary activity.
Keywords:
notary reform, notary, notary actions, notarisation of transactions
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I.G. Medvedev, V.V. Yarkov, R.B. Bryukhov. On the strategy of dot changes in the notary law. Criticising the approach at which the notary reform is conducted by dot changes in legislation authors show the reasonability of system-oriented solution for this challenge and mention one of the latest law drafts as a negative example of supposing the abandonment of obligatory procedure of notarisation of the spouses’ consent for entering into transactions with common real estate.
Keywords:
notary reform, notary activity, notarisation of transactions, spousal consent
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T.A. Gusseinov. Issues of the notarisation of resolutions of meetings. The article is devoted to the analysis of actual issues of notarization of resolutions of meetings of shareholders in limited liability companies and non-public joint-stock companies. Author examines questions of necessity of notarization of meetings; of necessity of notarization of the sole shareholder’s/participant’s resolution; of decision by default, of negative decision as well as of consequences of non-notarisation of meeting by suitable means.
Keywords:
notarization of resolutions of meetings, public plausibility of register, notary, limited liability companies, non-public joint-stock companies
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Discussion Board
Press Release
Research and Practice Seminar “Professional standards for legal professionals under the circumstances of global market.” Fourth Research and Practice Seminar “Professional standards for legal professionals under the circumstances of global market” jointly organised by the law faculty of the Lomonosov Moscow State University, the PiLnet Institute and international law firms DLA Piper and White & Case in the frames of initiative for conduction of practical course in professional standards for students of law faculties in English language is held at the law faculty of the Lomonosov Moscow State University on 29th October till 1st November 2014. Media partner of the seminar has become the “ZAKON” Publishing Group.
Legal professionals are measuring effectiveness. Fourth Annual Conference of the Corporate Lawyers Association “Legal Professionals and Business” in partnership with PwC Legal and with support of the St. Petersburg International Legal Forum is held on the 3th October 2014 in Ritz Carlton hotel. Nearly one hundred executives of legal departments of leading Russian and international companies gathered to discuss upon actual issues of effectiveness of company’s legal subdivisions’ work.
Theory and practice
B.R. Karabel’nikov. New Rules of LCIA compared with day-to-day routine of international arbitrage in Russia. New amendments to the Rules of the London Court of International Arbitration (LCIA), the most reputed international arbitrage, came into force on the 1st October 2014 after several years of their elaboration. Author provides a research of main provisions of the document that are of utmost significance for the best understanding of specifics of London arbitrage by users from Russia and CIS who did not get fundamental academic knowledge in the sphere of arbitration during their professional study and who appeal to the international arbitration only occasionally in their practical activity. Thereto author uses comparative analysis of norms of the Rules of LCIA and cases of their use with Rules of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation being the most reputed and required arbitration institute of the Eastern Europe.
Keywords:
International Commercial Arbitration, rules of commercial courts, London Court of International Arbitration, Rules of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation
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A.S. Ispolinov. Equivalence of sanctions in WTO: concept and practical aspects of determination. Present article explores practical aspects of equivalence of sanctions in WTO applied in case of non-performance of WTO dispute settlement bodies’ solution by a state. Author points out that neither the enforcement of execution of the decision, nor the punishment of a state is the arbitration goals by determination of equivalence. The main arbitration goal is prevention of further escalation of trade warfare between the states.
Keywords:
World Trade Organisation, WTO Dispute Settlement Body, WTO sanctions, arbitration
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N.A. Scherbakov, V.O. Maklakov. Recognition of legal proceedings performed by representative without authority. The article presents issues of application of instructions given in the Russian Civil Code on recognition of legal act performed by representative without authority to the norms of Civil Procedural Code and Arbitration Procedure Code on procedural representation. Authors plead against introduction of possibility to recognise legal proceedings performed by representative without authority during trial.
Keywords:
legal representation, procedural representation, representation without authority, recognition of legal proceedings
