ARCHIVE FOR 2010 RUSSIAN
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Март 2010
CONTENT
INTERVIEW OF THE ISSUE
ON THE COURT
THE COURT FOUND
CASE OF INTEREST
ANALYTICS: FREE TRIBUNE
O.S. Karpenuk Reasonable time of trial in practice of the European Court of Human Rights By the Federal Law as of 30.04.2010 No 68-FZ "On compensation for violation of right to legal proceedings within a reasonable time period or right to enforcement of a legal act within a reasonable time" a notion of reasonable time period of a trial introduced in the Russian legislation. The article discloses criteria of a definition of reasonable time period of a trial worked-out by the European Court of Human Rights, such as complexity of a case, behavior of a claimant and authorities, importance of a subject in trial for a claimant.
Keywords:
European Court of Human Rights, trial, reasonable time period, complexity of a case
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O.A. Solovieva, Yu.N. Murovtsev New procedural powers of a president of the court of justice In connection with adoption of the Federal Law as of 30.04.2010 No 68-FZ "On compensation for violation of right to legal proceedings within a reasonable time period or right to enforcement of a legal act within a reasonable time" the Arbitration Procedure Code of RF was altered, these amendments enshrine not known before in legislation powers of a president of the cour of justice: speeding up of a prolonged trial of the case and prolongation of the period fixed for a super hard case.
Keywords:
president of the arbitration court, speeding up of a trial, prolongation of the period of trial
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G.B. Kazachenko, E.V. Samoylenko Counter-security in arbitration proceedings The counter security aiming to defend property interests of the defendant at adjudication of economical disputes in the court of arbitration. At the same time there are currently a range of unresolved problems related to the application of counter security in arbitration proceedings, and arbitration practice on the matter is not uniform. The submitted article analyses different approaches of the arbitration courts to the order of counter security acceptance, to types of counter security, to the persons having rifht to trigger in the court provision of the counter security.
Keywords:
arbitration proceedings, interlocutory injunction, counter security of the action
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E.A. Parasuk Proper notification in arbitration proceedings: Critical analysis of legal norms and judicial prctice In his article the author exposes to critical analysis legal norms regulating matters of proper notification in arbitration proceedings to the persons participating in trial, as well as analyses existing judicial and arbitration practice. A special attention is paid to the draft law on amendments of the Arbitration Procedure Code of RF in relation of judicial summons.
Keywords:
arbitration proceedings, judicial summons, proper notification in arbitration proceedings to the persons participating in trial
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I.V. Makovkina Problems of pre-trial order to appeal from decision of taxation body Novelties of Article 101.2 of the Tax Code of RF generated in judicial practice different interpretation of provision under consideration. Taking into account documents of judicial practice, the author alalyses issues existing in the sphere of pre-trial order to appeal from decisions of taxation body.
Keywords:
appeal from non-regulatory acts of taxation bodies, pre-trial order to appeal, appeal of a taxpayer, pre-trial sttlement of tax disputes
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S.A. Dergachev Special features of agreements on jurisdiction, entered into after commencement of proceedings This article examines two types of agreements on jurisdiction: concluded before commencement of proceedings (Article 32 of the Civil Code of RF., Artilcle 37 of the Arbitration Procedure Code of RF) and after commencement of proceedings (clause 2, part 2 of Article 39 of the Arbitration Procedure Code of RF and clause 2, part 2 of Article 33 of the Civil Code of RF.) The author substantiates his position that the first type of agreements is to be aplied solely in action proceedings. The second type of agreements on jurisdiction is to be applied in other proceedings subject to existence of two conditions: in trial the court establishes “the matters of fact” and the case in point is characterized by existance of two “parties”.
Keywords:
jurisdiction, agreed jurisdiction, agreements on jurisdiction, institution of jurisdiction
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