ARCHIVE FOR 2013 RUSSIAN
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Февраль 2013
CONTENT
Chief editor’s column
Interview of the issue
The Event. Comments of the Experts
Taxes for the rich and progressive tax scale An attempt to establish the tax for the rich in France is one of the most popular topics of European and Russian press. The governmental initiative (not implemented due to a critical attitude of the French Constitutional Assembly to the working out of the corresponding bill draft) has led to the abandonment of the French citizenship by several celebrities whose incomes fall under the draconian rate. In Russia, the question on the introduction of the tax increase both for the income of wealthy citizens and for the property referring to as the luxury, also was raised repeatedly. Today, there is one of the lowest tax rates in the world in Russia - 13%, but it is imposed on the gross income, regardless of the social status of the payer and the other factors taking into account during the formation of advanced taxation scale in foreign countries. Does Russia need to reform the existing tax system of personal income?
Topic of the issue
Mokhova E.V. Recognition and enforcement of an arbitral award rendered by a truncated tribunal: to the issue on the limits of procedural public policy The article explores the limits of application of the clause on the public policy in case of rendering of arbitral decision by incomplete (truncated) tribunal. It was made the estimation of the legitimacy of this practice from the point of view of compliance with the procedure of arbitration proceedings and in terms of relevance to the public policy. It was designated the approach of SAC of the Russian Federation to solving the problems that arise in the recognition and enforcement of foreign arbitral awards made by truncated arbitration panel.
Keywords:
truncated tribunal, truncated arbitration panel, courts of arbitration, clause on public policy
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Kleimenov A.Y. Religious court (arbitration) in alternative dispute adjustment system The article, perhaps, for the first time in the Russian legal doctrine, examines the admissibility of the consideration of the religious courts as permanent arbitration courts, as well as representatives of religious worship as mediators. The article proves the practicability of assignation of the status of a permanent court of arbitration to the religious court. The paper identifies the key disputable points related to granting to the religious court the status of court of arbitration. The author comes to the conclusion that the integration of the religious courts in alternative dispute resolution system is possible.
Keywords:
alternative dispute resolution, court of arbitration, religious court, public policy, the fundamental principles of Russian law
Litvinsky D.V. Clause on public policy and the recognition of foreign judgments in French law French regulations of public policy in the field of recognition and enforcement of foreign decisions are developed by judicial practice. The test for compliance with the public policy from the point of view of procedural and substantive law is conducted on the basis of the principles of relevance and specific assessment. Minimization activity theory of the public policy is gradually being replaced by the connection intensity rating of the situation with France. These and other features of the application of the clause on the public policy under French law the author highlights in this article.
Keywords:
private international law, public policy, exequatur and French law
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Judicial practice. Comments
Best customer wins the lottery To stimulate sales growth of online shop, is being planned the promotion. The point of it is that a member for a month makes a purchase from an online store, and brings his friends and acquaintances that make purchases on his behalf. The main prizes will go to those who will make purchases to the greater amount. Can this promotion be considered as the promotional lottery?
Theory and practice
Zhilin G.A. Appeal check of the definitions in civil procedure: legislative innovations Given the nature of the definitions, which do not basically solve the case, the legislator has a right to foresee the simplified form of their appellate review compared with the general order. However, the simplified rules should be formulated clearly and unambiguously, be consistent with the current regulatory system and with generally accepted standards of justice.
Keywords:
generally accepted standards of justice, civil procedure, the court of first instance designation, the appeal, the right to participate in the hearing
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Gritsenko E.V. Constitutional framework and legal forms of attraction of private entities to the solution of municipal problems in Russia in comparative perspective The article refers to the constitutional framework and the various forms of cooperation between municipalities and private entities during the process of implementation of municipal tasks based on a comparative analysis of the Russian and German experience. Herewith it is proposed to approach on a case-by-case basis different variants of the participation of private entities in the solution of public problems, to delimit the transfer of power functions and responsibilities to the private sector from the attraction of individuals to the provision of municipal services in the economic activities of the municipalities.
Keywords:
Keywords: public-private partnership, administrative reform, delegation of powers of authority, local government, municipal tasks
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Novikov A.A., Ivanov A.I. Succession mortis causa in the privatization of private premises in judicial practice The article deals with the issues of succession in the privatization of private premises. In the second part of the study, the practice of courts of general jurisdiction on the interpretation of legal rules governing the privatization of private premises in the event of death of a citizen, who was not in time to finish the privatization (mortis causa) is analyzed, and the conclusions on the opportunities and terms of inheritance of the rights of privatization of private premises are made.
Keywords:
inheritance, the right to the privatization, the privatization of housing, private premises, right to rights, succession mortis causa
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Fetisova E.M. Mixed contracts as the implementation of the principle of freedom of the agreement In this article the author considers the issues of legal qualification of mixed agreements and their aggravating circumstances. The cases of inadmissibility of recognition of the agreement as mixed are analyzed; special attention is paid to the issues of legal conflict of laws of different contracts that are part of the mixed one.
Keywords:
principles of civil rights, freedom of contract, mixed contract, unnamed contract
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Ushakov O.V., Kharaeva G.N. Covenants in loan agreements: problems of application in Russia The article discusses the use of such a tool of English law, as the covenants in Russian business practice. In the article it is being examined the question of the legal nature of covenant conditions in the loan agreement taking into account existing Russian law enforcement, being determined the evaluation experience of specificity of the usage of covenant conditions in Russia.
Keywords:
covenant, covenant condition, loan agreement, English law, the obligations of the borrower, banks
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Foreign experience
