ARCHIVE FOR 2010 RUSSIAN
mag->month > 0 ) { ?>
mag->getMonthString();?> mag->year;?>
mag->pdf_file): ?>
sess && $this->sess->isArticlePayed()):?>
Октябрь 2010
CONTENT
Chief editor’s column
Interview of the issue
The Event. Comments of the Experts
Liberalization of criminal proceedings. President’s initiatives The President of Russia Dmitry Medvedev submitted to the State Duma amendments to the Law on Imprisonment of Suspects according whereto people suffering from serious diseases will be not any more imprisoned in remand prisons during investigation. How do you see this initiative?
Topic of the issue
G.S. Kollini, D.A. Pentsov Recognition and taxation of foreign trusts in Russia Although the term “trust” which is proper to the common law does not now exist in the legislation of the Russian Federation, incorporation of foreign trusts still remains popular among Russian companies and individuals. Will be such trusts recognized by Russian courts in case of a dispute? Investigating the matter if foreign trusts may be recognized in Russia and if yes then under what conditions, the authors of the article hope to predict what judgment will be made by Russian courts in case of such a dispute. The authors also analyze how foreign trusts will be most probably treated in Russia from the point of view of taxation.
Keywords:
trust, international private law, Hague convention on trusts, public order, imperative legal norms, trust taxation, double tax treaty
Buy a PDF
O.N. Bobrovskaya Certain collision issues associated with inheritance of residential premises Inheritance of residential premises by subjects of the civil law is often embarrassed by blocking provisions of special laws which results in practice not only in difficulties in satisfaction of heirs’ interests but also materially complicates the process for protection of their infringed right. The article gives a summary of the problem, and examples of judicial practice where representative mistakes are made.
Keywords:
inheritance, residential premises, minors under 16 years
Buy a PDF
M.N. Ilyushina Inheritance of shares in limited liability companies: problems of law enforcement The article analyzes the mechanism of legal regulation of heir’s rights for a share in limited liability companies. On the basis of analysis of laws and law enforcement practice the author makes the conclusion on gaps in legislation creating significant problems within the framework of registration of the heir’s rights for the share.
Keywords:
inheritance, share in a limited liability company, transfer of rights for a share, consent to transfer of a share, applicant, registration of inheritance rights
Buy a PDF
Theory and practice
A.M. Morozov On certain legal aspects of international expansion of oil and gas companies The article describes factors requiring special attention within the framework of foreign investments by Russian oil and gas companies. It also overviews the main types of oil and gas contracts concluded by governments with foreign investors and gives specific examples of certain particularities of contents of such contracts.
Keywords:
energy companies, oisl and gas companies, foreign investments, investment attractiveness, license, concession, agreement on separation of products, service contract
Buy a PDF
V.D. Melgunov, R.N. Basyrov Particularities of the legal regime of mining property in the oil and gas complex The presented publication highlights signs and formulates the definition of the term “mining property”, considers particularities of the legal regime of mining property, proposes variants for fixation in law of the mechanism of transfer of rights for mining property in case of early termination of the subsoil use right ensuring protection of rights and legal interests of both owners of the mining property and new subsoil users, the mechanism ensuring efficient implementation of objectives faced by the government for rational use and protection of subsoil.
Keywords:
subsoil use, the right for use of subsoil, mining property, transfer of rights for mining property in case of early termination of the subsoil use right
Buy a PDF
A.A. Agrba Amendments in migration legislation which have come into force since the 1st of July 2010 The article analyzes the main amendments in migration legislation which have come into force since the 1st of July 2010, describes the procedure for execution of work permits for highly qualified specialists, studies the existing practice and impact of the novelties on inflow of foreign labor force to the Russian Federation.
Keywords:
migration legislation, engagement of foreign labor force, work permits for highly qualified specialists, patent for exercise of labor activities
Buy a PDF
Yu.P. Tsevetkov Actions of the General Director with excess of powers In this article the author considers the problem associated with ensuring of adequate protection of company’s interests against unfair actions of its general director taken with excess of the powers granted to him under the articles of association. In the author’s opinion, this matter is not enough regulated in the effective laws and requires additional legislative elaboration or explanations of the Plenum of the Supreme Court of the Russian Federation.
Keywords:
general director, transaction, excess of powers, interests of the company
Buy a PDF
A.V. Belitskaya State regulation of relations in public-private partnership The public-private partnership is a new phenomenon for the national doctrine of law which may become an efficient instrument for resolution of economic and social issues in the Russian Federation. The author considers legal means of governmental regulation of relations in the public-private partnership, limits of governmental interference into activities of a private partner within the framework of implementation of partner projects.
Keywords:
public-private partnership, concessions, investments, business entrepreneurship, public interest
Buy a PDF
Foreign experience
S.V. Skryabin Today’s status and perspectives of development of civil legislation of the Republic Kazakhstan on property law The article arguments the necessity for improvement of norms of the Civil Code of the Republic of Kazakhstan on property law. It assesses the up-to-date status of the civil legislation in this area, analyzes certain matters of the practice of application thereof. The author shows certain up-to-date tendencies and expresses the opinion on key perspectives of the supposed development of the property law as a sub-branch of the civil law.
Keywords:
property law, civil legislation on property law, complexity of civil legal regulation of the ownership right and other property rights, state property
Buy a PDF
V.S. Kamenkov System of management of physical culture and sport in Belarus The article touches upon particularities of legal regulation in the area of physical culture and sport in Belarus. The author analyzes legal definition of relevant notions as well as the system of bodies existing in the republic for management of physical culture and sport.
Keywords:
physical culture, sport, legislation of the Republic of Belarus
Buy a PDF
Actual classic
