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ARCHIVE FOR 2015    RUSSIAN

Март 2015

CONTENT

 

 

 

 

 

 

 

 

FREE TRIBUNE

A. Trunin. Interpretation of Contracts under the UNIDROIT Principles of International Commercial Contracts 2010
This article considers interpretation of contracts according to the UNIDROIT Principles of International Commercial Contracts 2010 taking into account court practice and doctrinal points of view. The author handles approaches to contract interpretation from the point of view of the common intention of the parties and standard of reasonableness and analyses the circumstances, which should be taken into account while interpreting a contract, as well as individual interpretation rules. In several cases the provisions of the UNIDROIT Principles 2010 are compared with the rules of the United Nations Convention on Contracts for the International Sale of Goods (1980) and TransLex-Principles.
Keywords: nterpretation of contract, subjective interpretation, objective interpretation, common intention of the parties, United Nations Convention on Contracts for the International Sale of Goods (1980), CISG, TransLex-Principles
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E. Gavrilov Compensation of Non-material (Reputational) Damage to Legal Entities and the New Version of Article 152 of the Civil Code
The article explores whether legal entities could seek compensation of non-material (reputational) damage under the new wording of article 152 of the Civil Code. Lawyers have different opinions on this problem. Judicial practice is also not uniform. The author argues that the legal entities are entitled to demand compensation for non-material (reputational) damage under the new wording of article 152 of the Civil Code. The author notes that the moral damage and non-material (reputational) damage are not equivalent compensatory methods of protection which result in differences in their application. The former is not available for legal entities, whereas the latter is available. In addition, the article discusses how the compensation of non-material (reputational) damage could be implemented into Russian law and how it could be developed within Russian legal framework.
Keywords: usiness reputation, legal entities, non-material damage, reputational damage, moral damage
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N. Filipenko. Corporate Bodies, Employees and Representatives of Legal Entities.
This article compares the power to represent a legal entity that belongs to its employees, ordinary representatives (e.g. agents) and corporate bodies of the legal entity. The analysis focuses on the nature of this power, and how it could be created, confirmed exercised. In this context, the legal entitry is considered as a complex and dynamic social and economic system with employees and corporate bodies as its elements. Special attention is given to legal consequences of ministerial acts of employees. The author argues that they participate both in formation and expression of the legal entity's will.
Keywords: legal entity, legal body, employee, representative, authority
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N. Shcherbakov, V. Maklakov The Period of Stay of Execution by an Arbitrazh Cassation Court
According to article 283 of the Arbitrazh Procedure Code of the Russian Federation expiration of the term for which a cassation court has suspended execution of a judgment of lower courts, means that the ruling by which the cassation court suspended the execution loses its legal force. However, because article 283 of the Arbitrazh Procedure Code of the Russian Federation does not clearly states that the cassation court's ruling should lose its force the successful party in some cases has to ask the cassation court to cancel its ruling on the suspension and to resume the execution of the judgment. The cassation court issues additional ruling in this case. The authors consider procedural rules in the Republic of Belarus to find a solution to this problem. They propose to amend Russian law and determine the moment at which the ruling of cassation court that suspends the execution should lose its force.
Keywords: stay of execution of a judgment, cassation procedure
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A. Shelkunov Legal Problems of Activities Subject to VAT in the Russian Law
Deficiencies in the formula by which Russian tax law describes activities subject to VAT lead to two problems. First, it is difficult to defferentiate these activities in practice. Second, the way in which these activities are described makes them incosistent with the nature of VAT. The article suggests that it could be useful to consider the European Union's experience in VAT regulation to improve Russian legislation. Thus, the activities subject to VAT could be defined as supply of goods, supply of services and import of goods into Russia and other territories under its jurisdiction.
Keywords: value added tax, subject of taxation
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