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ARCHIVE FOR 2010    RUSSIAN

Ноябрь 2010

CONTENT

 

INTERVIEW

V.G. Vinigradov “A great attention is paid to the human rights while realizing international commitments of RF in in the region of readmission”
The other day a such a social and legal problematics as readmission became of interest. Many famous judgements of recent years all over the world are frequently in particular associated with removal of citizens from one country to another one. Many moral and ethic issues are adjacent to the readmission and the issue of observance of human rights, what is not least. In Russia at the present moment judgements in this kind of cases will be pronounced altogether in three courts of the country, among them also is the Korolev Municipal Court. On the subject what is the readmission and what sort is its special features we had a talk with the president of the court, Valeriy Georgievich Vinogradov.
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THE COURT FOUND

 

 

 

 

 

EDITORIAL RECEPTION ROOM

V.V. Ushkanov “The legal subject demands fundamental background of a journalist”
The realm of the Russian Themis a great while remains mysterious and enigmatic for the majority of our fellow citizen. It is due both to the rudimental closed nature of the judicial system itself and to the low level of news coverage of legal subject in mass media. The situation is designed to be changed by the Federal Law as of 22.12.2008 No 262-FZ “On protection of access to information on activity of the courts in the Russian Federation” became operative on July 1, 2010. How do the journalists feel about the law? Is it more more easily to work and to receive the required information? The story about it is in interview of the chief of the Russian Agency for Legal and Judicial Information (RAPSI), Vitaliy Ushkanov.
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VIEWPOINT: PROPERTY RIGHTS PROTECTION

V.B. Novikov Worlds of the metropolitan uncontrolled settlement
The author of this article is a journalist woking in the area of legal subjects. His own approach to the issues of property rights protection existing in the modern law is presented in this article. Specifically a subject of housebreaking in the Horticultural Non-Commercial Partnership “Rechnik” recently setting the public in turmoil was touched upon. The editorial staff invites all people, who wants to discuss this subject from the legal point of view, to send their files to the e-mail address: pravo@igzakon.ru.
Keywords: demolition of buildings, property rights protection, buildings erected without proper legal authorization, amnesty for dachas
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V.P. Bykov, G.N.Bykova, V.V. Ulitina Legal regulation of costs of litigation related to the judicial protection of trademarks as an intellectual property
The imperfection of the intellectual property civil legislation, as well as the faults of the procedural legislation result in incresing of costs of the entrepreneurs in the context of judicial protection of exclusive trademarks rights. The article covers the questions of reduction of expenses incidental to judicial protection of trademarks in Russia, at that provisions of the legislation are illustrated by specific examples from judicial practice.
Keywords: trademark, protection of trademark rights, ineffective costs of litigation, legal expertise
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M.N. Ilushina Methods of protection of seller’s rights in the purchase agreement for share in the limited liability company
The author analyses the current state of legislation and law enforcement practice as for application of methods of protection of seller’s rights at alineation of shares in in the limited liability company, investigates changes in content and application of these methods, brings to light general and special principles of their application, arrives at a conclusion as to inadaptability of approches to the evaluation of the nature of corporate rights under protection and to the choice of protection methods.
Keywords: limited liability company, alineation of shares, methods of protection of seller’s rights, notary, failure to pay purchase price of a share, corporate rights, agreement dissolution, vindication of a share
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A.A. Kriuschenko Incomplete construction projects. Disputable matters in judicial practice
According to the author, the unauthorized construction can be conventionally referred to manners of acquisition of title. This article examines the issue of recognition of proterty right for buildings erected without proper legal authorization, as well as analyses meaning of this term and practice of application by the courts of Article 222 of the Civil Code of RF. At that a special attention is paid to the joint decree of the Plenary Assemblies of the Supreme Court of RF and the Higher Arbitration Court of RF as of 29.04.2010 No 10/22, which explains these issues.
Keywords: incomplete construction projects, erection and reconstruction of real property projects, buildings erected without proper legal authorization
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SCIENTIFIC SITE

M.V. Zinurova, A.A. Soloviev Main approaches applicated by the Moscow Regional Arbitration Court at hearing of cases related to appraisal of well-foundedness of gaining tax advantage at violation by counterparties of a taxpayer of their tax liabilities
This article investigates in detail legal propositions applicated by the Moscow Regional Arbitration Court at hearing of cases related to appraisal of well-foundedness of gaining tax advantage at violation by counterparties of a taxpayer of their tax liabilities. The authors focused on the circumstances being subject to verification and hearing as to this category of disputes, as well as analysed in complex a law enforcement practice of the Higher Arbitration Court of RF.
Keywords: tax legal relationship, tax liabilities, tax advantage, judicial practice, legal propositions
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A.A. Fisher The issue of realization of international ageements in penal area of the Russian Federation by trial courts of general jurisdiction
This article covers the questions of realization of international ageements in penal area of the Russian Federation by trial courts of general jurisdiction, arising problems and ways to attack on the problems. The author gave analysis of acting criminal procedure legislation in reference to the balance of national and international law, as well as investigated the necessity for adoption of the federal law regulating the issue of international agreements application in judicial activity.
Keywords: realization of international ageements, international ageements in penal area, application by the courts of international agreements
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B.L. Sitdikova Unsettled aspects of content of essential terms and conditions in an agreement on the rendering of information services on a paid basis in view of legal judgements
The article examines disputable matters of content of essential terms and conditions in an agreement on the rendering of information services on a paid basis. Different points of views as to essential terms and conditions of the agreement are presented: from recognition of subject matter of agreement as a sole essential condition to the assignment of a stipulation of price and time period to them, as well as resolution of this problem in documents of judicial practice.
Keywords: service, information service, agreement, essential terms and conditions, subject matter of agreement
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A.S. Sukhorukov Transfer (collection) to the budget of profit by antitrust offense
The article is dedicated to investigation of sanctions in the competition law of the Russian Federation. The author carried out analysis of the Decree of the Constitutional Court RF as of 24.06.2009 No 11-P "On the case of constitutionality test of provisions of clauses 2 and 4 of Article 12, Articles 22.1 and 23.1 of the Law of the Russian Soviet Federative Socialist Republic “On competition and restriction of monopolistic activity on commodity markets” and Articles 23, 37 and 51 of the Federal Law “Concerning the Protection of Competition” in connection with claims of the OJSC “Gazenergoset” and the OJSC “Nizhnekamsneftekhim””, and made comparison such a sanction for economic entities as transfer collection) to the budget of profit by antitrust offense. It was shown that application of this sanctions simultaneously with application of administrative measures can breach rights and legitimate interests of made liable persons.
Keywords: antimonopoly law, legal proposition, transfer to the federal budget of illegal profit, administrative responsibility measures, fine
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