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ARCHIVE FOR 2010    RUSSIAN

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Декабрь 2010

CONTENT

 

AT THE FEDERAL ARBITRATION COURT OF THE URAL DISTRICT

Official current news

 

The review of judicial practice concerning hearing of controversies related to application of the first part of the Tax Code of the Russian Federation

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The review of judicial practice concerning hearing of controversies related to contestation of decisions and (or) rescripts of antimonopoly authorities, actions (omissions) of their officials

 

IN THE SCIENTIFIC ADVISORY BOARD

Recommendations of the Scientific Advisory Board under the jurisdiction of the Federal Arbitration Court of the Ural District
According to files of the meeting held on October 15 to 16 September, 2010 in Orenburg

 

COURT PRACTICE. COMMENTS

V.B. Martemianov, D.V. Murzin, R.O. Opalev, E.Yu. Petrov, Yu.L. Khoroshun Problems of application of provisions of Chapter 25 of the Civil Code of the Russian Federation "Liability for infringing upon liabilities"
This article proposes comments to Recommendations worked-out following the results of the said meeting.
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S.V. Lazarev Practice of use of mediation in the Arbitration Court of the Sverdlovsk Region
The author covers the results of lawmaking and law enforcement activity focused on implementation of procedure for settlement of disputes with participation of mediator (mediation procedure) in Russian civil proceeding. Particular forecasts of legal regulation development in this area was given.
Keywords: conciliation procedures, efficiency of legal proceedings, quality of court activity
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A.B. Zakarluka, R.O. Opalev Coercive measures against a debtor upon pecuniary penalties in the practice of court marshals and arbitration courts
The article analyses legal matters arising in the practice of arbitration courts and court marshals at realization of coercive measures against debtors in enforcement proceedings of pecuniary nature. The autors point at absence of uniformity of judicial and execution practice upon several matters of enforcement and propose a line of attack on these issues.
Keywords: coercive measures of execution, execution upon property of the debtor, temporary restrictions of debtors exit from the Russian Federation
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VIEW OF THE PROBLEM

G.N. Bogdanovskaya Optionality of civil standards and limits of freedom of contract at definition of contractual liability
The article proposes author's understanding of the issue of dual liability application in the area of contractual relationship. It is justified the conclusion concerning the fact that application of dual liability mesures against one civil offence go against principle of ensuring restoration of violated right and inadmissibility of abuse of rights.
Keywords: dual liability, freedom of contract, abuse of rights, unjust enrichment of the creancor
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E.E. Korshunova Specific character of adjudgements on imposing subsidiary responsibility by virtue of provisions of the Bancruptcy act
The article is dedicated to the problems of current interest of application by arbitration courts of provisions of the Bancruptcy act on holding liable third-parties to subsidiary responsibility under liabilities of the debtor-bankrupt.
Keywords: bankruptcy, subsidiary responsibility
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DISCUSSION TRIBUNE

D.B. Abushenko Concerning compliance of several procedural novelties with basic principles of the arbitration proceedings
The article exposes to critical analysis several legal norms included in 2009 and 2010 in the Arbitration Procedure Code of RF.
Keywords: legal methodology, lawmaking mistake, judicial practice
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