ARCHIVE FOR 2012 RUSSIAN
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Июнь 2012
CONTENT
EDITOR’S COLUMN
FREE TRIBUNE
Ya.V.Karnakov On the drawbacks and controversies of the new regime of circulation of shares in a LLC charter capital The author supports the idea that the sense of the existing Law on LLCs generates the requirement of an obligatory notary form only with regard to an executive transaction aimed at alienation of a share in LLC's charter capital. However, a legally binding transaction or any other legal issue serving as the basis thereof is not subject to notarization. The implementation of this principle is illustrated by various types of transactions: an indemnity agreement, an innovation agreement, a corporative agreement, a preliminary agreement, an agreement regulated by foreign law, etc.
Keywords:
a share in LLC's charter capital, an executive transaction, a notarized transaction
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M.A.Rozhkova The anti-consumer Draft Law "On Consumer Loans" Analyzing the Draft Law "On Consumer Loans" the author comes to the conclusion that the provisions of this Draft Law are not in conformity with the European consumer loans regulations standards and are aimed at overcoming the legal standings elaborated by Supreme Arbitration Court of the Russian Federation (hereinafter - "the VAS RF").
Keywords:
a consumer loan, weak sides of an agreement, an affiliation agreement, the freedom of agreement
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S.G.Pepelyaev Reimbursement of pre-trial costs on tax disputes The author criticizes the legal standing of the VAS RF according to which the reimbursable court expenditure includes only the costs directly related to examination of a case in court. However as the tax authorities often make knowingly ill-founded claims against taxpayers, the costs which taxpayers had to bear at the pre-trial stage for the purposes of settling the dispute, evaluation of the grounds for the made claims and formulating the evidence should be reimbursed as well.
Keywords:
trial expenses, pre-trial expenses, tax disputes
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Review of the legal standings of the Presidium of the VAS RF on the issues related to private law The review describes the legal standings contained in the judgments of the VAS RF placed in the web-site www.arbitr.ru in April 2012. The review has been prepared by the officials of the Private Law Division of the VAS RF only for information purposes and does not reflect the official position of the VAS RF. In order to get acquainted with the contents of such position it is necessary to refer to the texts of the judgments of the Presidium of the VAS RF.
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
