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ARCHIVE FOR 2013    RUSSIAN

Август 2013

CONTENT

 

 

Development of procedural forms and methods for dispute settlement
Meeting of chairpersons of commercial courts, International scientific and practical conference took place on April 25-26, 2013 in Yekaterinburg

 

AT THE FEDERAL ARBITRATION COURT OF THE URAL DISTRICT

 

 

VIEW OF THE PROBLEM

K.L. Branovitsky, E.N. Serditova On Appearance in the Arbitration Proceedings of a New Category of Subjects Granted with the Right to Appeal Decisions in case of Proceedings on Insolvency (Bankruptcy) of the Debtor
This article focuses on the implementation of the principle of unified legal protection of legitimate interests of bankruptcy creditors to challenge court decisions violating their rights and legitimate interests. In addition, the author poses the question of emergence in the arbitration proceedings of a new category of subjects granted with the right to challenge decisions made in case of proceedings on insolvency (bankruptcy), as well as its correlation with parties involved in the proceedings under Article 42 of the Arbitration Procedural Code of the Russian Federation.
Keywords: bankruptcy creditors, principle of unified legal protection of legitimate interests of bankruptcy creditors, challenging court decisions outside the case on insolvency (bankruptcy), limits of proceedings before the court of cassation
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A.V. Shilov Video conferencing in the Arbitration Proceedings: Theoretical and Experimental Aspect
The author envisages the principles of application and importance of the institute of video conferencing in the arbitration proceedings, proposes its definition and classification, analyzes certain problems of its application in practice and brings forward ways to improve the institute.
Keywords: video conferencing, hearing, accessibility and openness of justice
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E.M. Shaykhutdinov Some Legal Aspects of Abandonment of a Claim
The article deals with pertinent legal issues related to realization by a party to the arbitration proceedings of its right to abandon the claim. The author enumerates shortcomings of the effective laws and substantiates the need to clarify the content of the right to abandon the claim in order to avoid possible abuse of this right.
Keywords: abandonment of a claim, conditions for abandonment of a claim, abuse of procedural rights
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D.B. Abushenko Comparative Analysis of Civil Offset and Offset within the Institution of Counter-Claim in Arbitration and Civil Proceedings
This article contains a comparative analysis of civil offset and offset within the institution of counter-claim in arbitration and civil proceedings. The author identifies similarities and differences of the above legal institutions and justifies the conclusion that submission of a counterclaim does not impede the defendant to perform a civil offset (until delivery by the court of first instance of a ruling signifying termination of the proceedings).
Keywords: counter-claim, set-off, termination of material obligations after initiation of the legal proceedings, judgment on the counterclaim
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S.G. Solovyev Municipal Code of the Russian Federation as the Basis of the Rule of Law in the System of Local Government
This article dedicated to a study of reasons substantiating the need for elaboration of the Municipal Code of the Russian Federation, contains an analysis of theoretical and practical problems associated with the issue.
Keywords: municipal and legal regulation, codification of legal acts, the Municipal Code of the Russian Federation
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DISCUSSION TRIBUNE

V.O. Abolonin Determination of the Real Value of a Share Belonging to a Participant in a Limited Liability Company within the framework of Corporate Disputes
The author of the article covers the main approaches to determination by commercial courts of the real value of a share belonging to a participant in a limited liability company. In accordance with provisions of the Law On Limited Liability Companies, the real value of a share is determined in accordance with financial statements of the company. In some cases, commercial courts broadly interpret this provision in order to protect the rights of participants therein. Analyzing the current legal situation, the author reveals the ambiguity of broad interpretation of provisions of the law On Limited Liability Companies by commercial courts and predicts the possible consequences of such practice.
Keywords: corporate dispute, real value of a share, the Law On Limited Liability Companies
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E.E. Korshunova Economic Development as a Factor for Transformation of the Form of Law
The author explores circumstances causing appearance and modification of methods for objectification of legal norms.
Keywords: custom, legal act, law treaty
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A.A. Erin Identification of Circumstances Relevant for Proper Consideration of a Case
This article represents a study of one of the tasks carried out at the stage of preparing the case for trial, namely identification of circumstances relevant for proper consideration of a case. The author analyzes the content of the task and the sequence of actions, identifies functions and importance of this stage, reveals potential problems and risks in case of wrongful identification of facts. The author substantiates his point of view that these are relevant jural facts that represent circumstances to identify at the stage of preparing the case for trial and suggests that such circumstances should be specified in intermediate judicial acts.
Keywords: jural facts, evidentiary facts, facts in proof, preparation of the case for trial
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