AT THE FEDERAL ARBITRATION COURT OF THE URAL DISTRICT
VIEW OF THE PROBLEM
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.
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).
counter-claim, set-off, termination of material obligations after initiation of the legal proceedings, judgment on the counterclaim
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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.
corporate dispute, real value of a share, the Law On Limited Liability Companies
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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.
jural facts, evidentiary facts, facts in proof, preparation of the case for trial
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