ARCHIVE FOR 2010 RUSSIAN
mag->month > 0 ) { ?>
mag->getMonthString();?> mag->year;?>
mag->pdf_file): ?>
sess && $this->sess->isArticlePayed()):?>
Декабрь 2010
CONTENT
Chief editor’s column
Interview of the issue
The Event. Comments of the Experts
Skolkovo Project: estimates of lawyers In the nearest future, in addition to scientific cities dealing with fundamental research, an innovation center will operate in Russia. The success of the Skolkovo Project depends to a large extent on the legal framework serving the basis for implementation thereof. The law “On the Innovation Center Skolkovo” is commented on by our experts.
Survey of legal firms following the results of practice in 2010 In December, summarizing results of 2010 in the life of the legal community, the editorial office of the magazine “LAW” addressed heads of the largest legal firms practicing in Russia asking to tell about successes and failures in this year and to share their hopes for the future.
Super professional
Topic of the issue
A.M. Gorodissky What does the society wait from a lawyer? The article touches upon the role of a legal profession in life and development of the society as well as fundamental rules to be followed by lawyers within the framework of their professional activities.
Keywords:
professional competence, professional ethics, professional honesty, professional initiative
Buy a PDF
V.O. Abolonin Mediation and arbitration courts: integration or harmonization? On the example of German experience, the article describes the possibility of approximation of the judicial process and mediation in the system of Russian arbitration courts. It analyzes the most recent reforms of the Russian legal system associated with implementation of mediation as well as results of legal projects in the area of alternative resolution of disputes held in FRG. The author makes the conclusion that attempts for creation of a full-value model of integrated mediation in Russia are premature.
Keywords:
arbitration courts, mediation, law of Germany, integrated mediation
Buy a PDF
Chairman of a court
Theory and practice
A.A. Novikov Transfer of the obligation to fulfill the testamentary renunciation to other heirs Does the obligation to fulfill the testamentary renunciation pass to a heir under law or will if the heir obliged to fulfill the legate has not become a heir under will by which the testator obliged him/her to fulfill the testamentary renunciation? Transfer of this obligation to other heirs under law or will follows from the nature of the legate which is evidenced by dogmatic, comparative legal and historical research.
Keywords:
testamentary renunciation, legate
Buy a PDF
S.K. Solomin, N.G. Solomina On the essence of set-off of similar claims This article considers discussion matters of theory and practice of application of such method of termination of obligations as set-off of counter claims. The authors offer not only their own point of view on necessary signs of set-off the nature whereof has been repeatedly discussed in science but also state certain issues associated with set-off of counter claims taking into account the nature of interrelations between subjects of civil turnover.
Keywords:
similar claims, monetary obligation, contractual set-off, termination of obligations
Buy a PDF
L.Yu. Sobina Recognition of non-final court acts issued by a foreign court in the bankruptcy proceedings On the basis of study of experience of foreign countries and international legal acts applicable in the area of trans-border insolvency, the article analyzes the possibility of recognition in Russia of non-final court acts issued by a foreign court in the bankruptcy proceedings.
Keywords:
trans-border insolvency (trans-border bankruptcies), recognition of foreign bankruptcies, foreign court acts (acts of foreign jurisdiction), final and intermediate court acts, claims with by-stage requirements, separated court acts
Buy a PDF
T.A. Bagylly The principle of impartiality of justice and the procedure for authorization of judge recusal: the problem of legal regulation and realization The article touches upon particularities of authorization of judge recusal and analysis of the collision consisting in a qualitatively different procedure for recusal of judges in arbitration, civil and criminal proceedings. The author suggests to unify the procedure for authorization of recusal of a judge taking as the basis the norm of the Code of Arbitration Procedure of the Russian Federation and to introduce relevant amendments to effective procedural laws.
Keywords:
constitution principles of justice, international standards in the area of justice, institute of judge recusal, judge impartiality, fair court, procedural guarantees, arbitration, civil and criminal legal proceedings
Buy a PDF
S.V. Strembelev Competence of arbitration courts in consideration of disputes on investments into creation of real estate in Russia The article describes the limits of the competence of arbitration courts and international commercial arbitration courts for consideration of various categories of disputes on real estate taking into account Russian laws and court practice. The procedure for issue of writs of execution relating to awards of arbitration courts concerning real estate as well as the procedure for registration of rights on the basis of such awards are analyzed.
Keywords:
arbitrability, real estate, international commercial arbitration, disputes in the construction area, preliminary contract, lease, share participation in construction, forced fulfillment of awards of arbitration courts
I.A. Tour, A.V. Stelmah On jurisdiction of cases on recognition of awards issued by foreign arbitration courts in Russia. This article analyzes the matter on how to determine jurisdiction of proceedings for recognition and fulfillment of awards issued by foreign arbitration courts in the effective Code of Civil procedure of the Russian Federation. In the opinion of the authors, wordings of norms in section 45 of the Code of Civil Procedure of the Russian Federation are not certain which results in possible unambiguous interpretation of the same which is impermissible in matters of jurisdiction.
Keywords:
foreign arbitration courts, jurisdiction, Code of Civil procedure of the Russian Federation
Buy a PDF
E.N. Kondrat Civil legal liability of the receiver in bankruptcy proceedings The article describes topical problems associated with receivership in bankruptcy proceedings, importance of professionalism and impartiality of a receiver in the system of balance of interests of the debtor and lenders as well as negative consequences of inefficient and unfair fulfillment of duties by the receiver.
Keywords:
receiver, competing lenders, liability of the receiver, losses of lenders
Buy a PDF
Foreign experience
A.A. Vushnevsky The bank client in the today’s banking law: the tendency for occurrence of a special status The article justifies the provision that a client of a bank has the status beyond rights and obligations arising from particular contracts with banks. At that, there are various models for recognition of the status of a bank client in different countries according to particularities of their legal systems.
Keywords:
bank client, relations between a bank and a client, status of the bank client, rights of the bank client, protection of interests of the bank client
Buy a PDF
Legal education
Actual classic
The list of materials published in the magazine
