INTERVIEW OF THE ISSUE
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S.Yu. Chucha
«We do not need any labour achievements, we do not need heroism, all we need is to do our job» |
OPINIONS
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Legislative proposal of the Supreme Arbitraion Court on Optimization of Workload of Judges |
ON COURT
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Federal Arbitration Court of the Moscow District |
JUDICIAL PRACTICE ANALYSIS
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N.N. Nepomnyashchiy
Case Practice of the European Court of Human Rights on Claims Regarding Protraction of Cases |
ANALYTICS: Innovations in the Arbitration Procedure Code
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E.N. Nagornaya
Retrospective Effect of Judicial Interpretation in Tax Litigation
The author analyzes amendments to Chapter 37 of the Arbitration Procedure Code of the Russian Federation, "Procedure for revision of effective court decisions on new and newly discovered circumstances”, from the point of view of their application to resolution of tax disputes as well as judicial and arbitration practice related to application of Resolution No. 1-P of the Constitutional Court of the Russian Federation dated January 21, 2010 “On verification of constitutionality of provisions of Art. 311, 312 of the Arbitration Procedure Code of the Russian Federation”.
Key words: interpretation, retrospective effect, new circumstances
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V.V. Petrova
Holding of Hearing in Court of Cassation by Means of Video Conference Communications Systems
Federal Law No. 228-FZ of July 27, 2010 “On Amendment of the Arbitration Procedure Code of the Russian Federation" came into force on November 01, 2010 and has been applied by arbitration courts. Its passing and enactment made it possible to participate in a court hearing by means of video conference communications systems. The author analyzes the first practice of application of this new standard.
Key words: electronic data processing in the judicial practice, arbitration court, video conference communications, court records
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N.N. Nepomnyashchiy, O.A. Polozova
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HOT TOPICS!
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A.A. Soloviev
Lawyers’ Monopoly in Arbitration Proceedings: Legal Regulations, International Practice and Russia’s Prospects.
The article reviews the problems of the implementation of lawyers' monopoly institution in arbitration proceedings. The author analyzes legal standing of the Constitutional Court of the Russian Federation and the opinion expressed in Russian legal community, summarizes international experience and dwells on prospects of the lawyers' monopoly in Russian arbitration procedure.
Key words: lawyers’ monopoly, arbitration procedure, right to judicial remedies, right to qualified legal aid
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Lawyers’ monopoly at Zakon.ru |
ANALYTICS: SPEAKER’S CORNER
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A.Ya. Kleymenov
Injunctions in civil procedure in the USA and Russia and fundamental principles of procedure.
Based on the analysis of injunctions applied to civil procedure in the USA, the author concludes that it would be reasonable to establish in the Russian arbitration procedure a provision on mandatory notification of a plaintiff on motions filed by a claimant and calling for application of injunctions and provision of the claimant with a possibility to participate in hearings to consider application of injunctions after initiation of proceedings, as well replacement or cancellation thereof.
Key words: injunctions, preliminary injunctions, equality of participants, temporary restraining order
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T.I. Andreeva
Application of public policy clause in legal practice
At the moment, it is often discussed that Art. 1193 of the Civil Code of the Russian Federation needs to be amended in order to prevent unjustified use of the public policy clause and to clearly define the principles that may be deemed part of the Russian public policy in regulating the relations involving cross-border issues. The author tried to study in detail the institution of the clause on public policy and the practice of its application and to reveal main drawbacks in the existing approach to potential use of this institution by courts.
Key words: public policy, application of clause on public policy
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T.I. Otcheskaya, A.V. Dorkina
State Registration of Real Estate Rights and Transactions Therewith: Objectives
The article dwells on the meaning of state registration of real estate rights and transactions therewith It studies the issues involving the objectives of the state registration, its stages and causes.
Key words: state registration, real estate, safety and protection of property right, objectives of state registration
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APPLICATION PRACTICE OF ARBITRATION PROCEDURE CODE
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R.V. Bogdanov
Review of Meetings of the Focus Group for Application of Arbitration Procedure Code of the Russian Federation |
SCIENTIFIC AND ADVISORY COUNSIL
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Protocol No. 4 of the meeting of the Scientific and Advisory Council under the Federal Arbitration Court of the Moscow District |
FACES OF COURT
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V.A. Dolgasheva
«I Believe I’ve Chosen the Right Career Path» |