ARCHIVE FOR 2011 RUSSIAN
mag->month > 0 ) { ?>
mag->getMonthString();?> mag->year;?>
mag->pdf_file): ?>
sess && $this->sess->isArticlePayed()):?>
Июнь 2011
CONTENT
EDITOR’S COLUMN
FREE TRIBUNE
Baibak V.V. Abstract method of damage calculation In case of non-fulfillment or improper fulfillment of the Agreement, the Lender is entitled to perform the substitutionary settlement and to demand the indemnification equal to the spread between two settlements. In case the substitutionary settlement has not been performed, the damage can be calculated abstractedly, i.e. on the basis of market price. This method is slated to be entrenched following the restructuring of the civil law. The author inquires into the issues of conditions and scope of the method application.
Keywords:
damage, abstract method, liability
Buy a PDF
Fatkhutdinov R.S. Doctrine of due diligence in respect to tax relation The author classifies the obtention of preferential tax terms following the relationships with the unfair contracting party as abuse of legal right. Taxpayer’s inadvertence can serve as a criterion. Inadvertence can happen during a real business transaction as well.
Keywords:
preferential tax terms, abuse of right, taxpayer's inadvertence
Buy a PDF
Golubtsov V.G. Regarding some issues arising during the execution procedure of adjudications concerning the claims to municipal entities
Current legislation does not create any effective tools of the execution procedure of adjudications on the collection of funds from municipal entities. In fact, the concept of voluntary execution is set forth. The author analyses the judicial practice on the related claims and comes to conclusion that it can not compensate legal gaps.
Keywords:
enforcement proceeding, treasury, budget immunity
Buy a PDF
EVENTS AND COMMENTS
Bevzenko R.S. Legal views of the Supreme Arbitration Court of the Russian Federation in the area of charging liens The review of the resolution of the Plenary Session of the Supreme Arbitration Court of the Russian Federation dated February 17, 2011, No. 10 “Regarding some issues of Tax legislative execution”
In this part of the review the future of lien in case of collision between the principle contract and those conditions of security obligations which are stated in the loan agreement are discussed; as well as in case of amendment or termination of the principle contract. Legal views of the Plenary Session of the Supreme Arbitration Court of the Russian Federation are aimed at the allotment of greater stability to the loan which agrees with its securing nature.
Keywords:
pledge, mortgage, security liabilities, modification of obligation
Buy a PDF
MATERIALS OF THE PLENUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION
RULING OF THE PRESIDIUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION
COURT PRACTICE INDEX
