ARCHIVE FOR 2013 RUSSIAN
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Декабрь 2013
CONTENT
Quiz On October 4, 2013, the Supreme Arbitration Court of the Russian Federation on the basis of the Federal Arbitration Court of the Ural District held a conference “The Prospects for Development of the Arbitration Procedure Code of the Russian Federation”.
AT THE FEDERAL ARBITRATION COURT OF THE URAL DISTRICT
COURT PRACTICE. COMMENTS
P.B. Vanin Issues of Disputing of Plots Cadastral Value in the Arbitration Courts Practice Generalizing the judicial practice of disputing of plots cadastral value, the author explores the issues related to the use of the procedural and substantive law by the courts, including the consequences of cadastral value litigation. Relevance of this generalization of the practice results from the absence of clarification on many issues, arising in individual cases, in the decisions of the RF SAC Presidium No. 913/11 dd. June 28, 2011, No. 10761/11 dd. June 25, 2013. The author concludes that many court cases of disputing cadastral value are far from certain, the result of their consideration in action proceedings depends on the correct assessment of the evidence by the court and a true estimation of the parties involved in the case.
Keywords:
cadastral value of plots; setting cadastral value of plots equal to the market value
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VIEW OF THE PROBLEM
Ye.A. Kravtsova Justification of Tax Benefit in Relations with Flight-by-Night Companies The purpose of this study is to analyze the development of practice dealing with tax disputes relating to the validity of the assessment of the tax benefits in relations between taxpayers and fly-by-night companies. The author concludes that fundamental legal opinions on this issue are formed in arbitration courts practice, and such opinions should guide the consideration of this category of cases.
Keywords:
tax benefit, fly-by-night company, formal documents control, legal reality of business deal, deliberation at choosing contractor
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I.A. Malysheva Issues in Protecting the Private Interests of Bona Fide Possessors of Advertising Structures The article investigates the issues arising in disputes concerning judicial dismantling of advertising structures due to annulment of permits for their installation and placement. The author analyzes the legal nature of the legal installation and placement of advertising structures; clarifies the purposes for which the permit is issued for the installation and placement of the advertising structures, who should be responsible for the adverse consequences as a result of violations committed by local authorities when granting such permission; offers options for resolution of the issues, including resolution at the level of judicial practice.
Keywords:
annulment of permit of advertising structure installation, dismantling of the advertising structures, balance of private and public interests, protection of rights of bona fide possessors of advertising structures
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Ye.N. Kulikova On Causal Connection at Bringing the Members of Commercial Companies Control Bodies to Civil Responsibility According to the author, the theory justifying the possibility and reality of occurring result is the most suitable for defining a causal connection between the actions (or inaction) of members of commercial companies control bodies and occurred losses of a legal entity. The author offers to apply the concept of foreseeable damage known in private international law and in foreign jurisdictions, along with the presented theory.
Keywords:
civil responsibility, members of commercial companies control bodies, causal connection, concept of foreseeable damage
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