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Октябрь 2015





Alexandr Vereschagin Between Scylla of the Supreme Arbitrazh Court and Charybdis of the Supreme Court
Case comment on the judgment of RF SC № 301-КГ15-5301, 14 September 2015
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Marina Teliukina Excluding Real Property from Bankrupt’s Assets: a New Ground?
Case comment on the judgment of RF SC № 305-ЭС15-1943, 18 September 2015
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Yuriy Fogelson Insurance of Contractual Liability: if You Need Something Prohibited
Case comment on the judgment of RF SC № 307-ЭС15-1642, 20 July 2015
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Dmitry Stepanov Deadlocks in Private Corporations: A Call for Reform of Legislation and Case-law
Private corporations by definition have more flexible regulatory framework as opposed to publicly traded firms, and therefore their shareholders enjoy higher degree of freedom of contract. However this freedom oftentimes leads to deadlocks whereby participants of a given corporation stuck with inability to reach any agreement as how to govern business of the firm. This paper outlines general notion of a deadlock which may arise within non-public corporation, discusses some key characteristics of deadlocks, and distinguishes various types of deadlocks subject to share of corporate control held by shareholder, where – at the level of shareholders or directors — particular deadlock happens, as well as provides policy analysis of six potential candidates for solution of the deadlock problem. The author also suggests his own ranking for proposed legal treatments based on their effectiveness in the sense of finality of deadlock resolution and deterrence effect, costeffectiveness for entire legal system, and finally how easily each treatment might be implemented into dispute resolution practice by judiciary.
Keywords: deadlock, freedom of contract, expulsion of shareholder from legal entity, liquidation of legal entity, company reorganisation
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Vladislav Starzhenetskiy Statutory Damages in the Intellectual Property Law of the Russian Federation: Evolution and Current Problems
«Compensation for violation of exclusive rights» is the central remedy used in the Russian legal system against IP infringements. This legal instrument is the Russian equivalent for the US statutory damages. Being introduced in Russia in 1992, it quickly became very popular, and in high demand among IP right holders. At the same time due to its controversial hybrid nature that combines compensatory and punitive functions there is a permanent risk of awarding excessive, many times multiplied damages, which is contrary to the principles of legal certainty, proportionality and individual character of a sanction, reasonableness and justice. The article examines the evolution of the compensation in Russian statutes and case law since 1992 as well as reflects ongoing theoretical debates on its nature. It also demonstrates aggressive tactics used by IP right holders in order to multiply damages subject to the award and reveals practical solutions developed by Russian courts to balance competing interests. The article concludes with several proposals for reform of legislative provisions on compensation in Russia.
Keywords: compensation for violation of exclusive rights, legal liability, statutory damages, reception, principles of reasonableness and impartiality
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Oksana Nogina Insurance Contributions to a State Extra-Budgetary Fund: Monthly or Annual Payment?
The article considers how insurance contributions to the Russian Pension Fund, Federal Compulsory Medical Insurance Fund and Social Insurance Fund should be calculated. It argues that monthly insurance contributions should be ragarded as advance payments. It also concludes that an insurance contribution is technically a payment the amount of which is calculated based on the results of a calendar year.
Keywords: state extra-budgetary fund, insurance contribution, advance payment, Pension Fund, Social Insurance Fund
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Artem Karapetov Statutory Interest under Article 317.1 of the Civil Code of the Russian Federation
The article considers main issues related to the new type of interest that has recently been introduced into Russian civil legislation (art. 317.1 of the Civil Code of the Russian Federation). The author argues that Russian approach is unique since this type of interest, which accrues on all monetary obligations, is not known to foreign laws. The article analyses different types of monetary obligations to which the new interest could apply. These are not only contractual obligations but also obligations to return unjust enrichment or compensate losses caused by a delict. Each type of obligations should have a specific moment in which the interest starts accruing. This problem is also analysed in the article. It is suggested that the positive role of the interest under art. 317.1 of RF Civil Code should be seen in an additional pressure on the debtor to return money as soon as possible: in case of default the new type of interest should be added to the standard interest for breach of obligations under art. 395 of RF Civil Code.
Keywords: interest under art. 317 RF Civil Code, interest under art. 395 RF Civil Code, liability for breach of an obligation, liability in civil law, obligation
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