Herald of Civil Procedure
EN
main-photo

We in a citing index:

Ratio decidendi in Resolutions of Presidium of the Supreme Commercial («Arbitrazh») Court of the Russian Federation on the Procedural Questions, (published on their official website, dated from 10 May to 14 July, 2013)

The article covers the basic position of the Supreme Arbitration Court of the Russian Federation on certain issues the arbitration law. As an example, in the case of a consolidated enforcement periods of enforcement proceedings should be applied to each individual writ with the provisions of para. 8 of art. 30 and para. 1 of art. 36 of the Federal Law «On enforcement proceedings». The nature of the dispute, based on the fiscal relationship, evidence of its economic nature and because of this – the jurisdiction of the arbitration court. If the violation of the rights of persons has occurred as a result of illegal actions of another person for execution of the transaction, which deprived the plaintiff’s ability to protect its interests within the limitation period and caused him harm, including in the form of significant damages, the statute of limitations should be calculated from the date of execution of the transaction. Unlawful refusal to include a requirement to register deprive a person of their ability to satisfy the requirements both in the case of bankruptcy and foreclosure by a current payment in the claim procedure, which puts him in a position of legal uncertainty. 

Keywords: arbitration process; jurisprudence; Supreme Arbitration 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).


 el_.png   it_.png   book.png

S.A. Halatov