Herald of Civil Procedure
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Ratio decidendi: Key Questions of Jurisprudence of Supreme «Arbitrazh» (Commercial) Court of the Russian Federation for the 1st Quarter of 2013

S.A. Halatov, 
Candidate of Legal Sciences, Assistant Professor of the Department of Civil Procedure
 of the Ural State Law Academy

In this review of jurisprudence of the Supreme «Arbitrazh» (Commercial) Court of the Russian Federation the author rejects the key positions on single procedural questions of consideration and permission of civil cases (ratio decidendi), which are expressed in resolutions of Presidium of Supreme «Arbitrazh» (Commercial) Court of the Russian Federation «on the procedural questions», published on the official site from January 1 to March 10, 2013. As the conclusions, for example, it is specifed that: the choice of a way of proof of copyright infringement is carried out by the claimant; affairs on contest of the regulations in order of determination of cadastral cost of lands on the basis of results of the state cadastral assessment belong to competence of «arbitrazh» courts; the dispute following from the contract of guarantee, concluded by the individual – the only founder (participant) of company for providing the transaction of this society having economic character, also has economic character.

Keywords: arbitrazh process; jurisprudence; Supreme «Arbitrazh» (Commercial) Court of the Russian Federation.


Information about the author 

   Halatov S.A. (Ekaterinburg) – Candidate of Legal Sciences, Assistant Professor of the Department of Civil Procedure of the Ural State Law Academy (620137, Russian Federation, Ekaterinburg city, Komsomolskaya st., 21, room 404, e-mail: xalatov@mail.ru).

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S.A. Halatov