Прием граждан и представителей организаций
№ 4 2018 english
CONTENT
3 Irina Shak
The Legal olympiad in Commercial courts of the Urals judicial district. Ratings and results
19 Sergey Agapov
Alienation to the income of the state of property, in respect of which no information is provided to confirm that it was acquired on legal income, as an anti-corruption measure
25 Elena Bannykh, Dmitriy Zhavoronkov, Albina Zakirova, Natalia Zorina, Vitaliy Lukyanov, Valeriya Makhonina, Anna Tokmakova, Ekaterina Ulyanova, Evgeniy Cherkezov, Lidiya Shestakova
Comments to the Recommendations of the Scientific advisory Council at the Commercial court of the Urals district № 1/2018
Keywords: administrative responsibility, qualification of the offense, limitation period, replacement of punishment, value added tax, profit tax, expenses, simplified tax system, unified tax on imputed income, insurance fees, writ, competitive procedures, register of unfair suppliers, revocation of license, sale of alcoholic products, order of litigation, place of commission scene of executive actions, jurisdiction over cases.
79 Review of court practice on the cases that were considered by the Commercial court of the Urals district in the III quarter of 2018
106 Review of court practice on the application of legislation on energy supply, settlements, insurance
Approved at the meeting of presidium of the Commercial court of the Urals district 25.05.2018
124 Review of court practice on procedural issues arising in insolvency (bankruptcy) cases
Approved at the meeting of presidium of the Commercial court of the Urals district 29.06.2018
VIEW OF THE PROBLEM
137 Inga Malyshevа
Judicial control over the legality of decisions on granting, refusing to grant and reissuance of licenses
This article is devoted to the issues of judicial control over the legality of decisions on granting, refusal to grant and renewal licenses. The article contains an analysis of the problems of licensing and reissuance of licenses, the approaches to consideration of cases of this category revealed in court practice, suggestion of ways to solve the problems of licensing.
Keywords: judicial control, grant of a license, evasion of settlement of issue of grant a license, refusal to grant a license, refusal to reissuance of a license, refusal to renewal of a license, responsibility of the licensing authorities.
167 Anton Mertvishhev
Peculiarities of initiation of insolvency (bankruptcy) proceeding upon application of a credit institution
The article describes the peculiarities of initiation of bankruptcy proceeding upon application of a credit institution. The author argues that the grounds for initiating bankruptcy proceeding against guarantors under the credit contracts (regarding the need for a judgment on debt collection) should be the same for both citizens and legal entities.
Keywords: bankruptcy, bankruptcy of citizens, credit institution, guarantee.
173 Sergey Potehin, Evgeniy Chernov
Unaccounted electricity consumption. Blocks of flats, halls of residence, horticultural, market gardening or dacha non-commercial associations of citizens
This article attempts to comprehensively form a vision on the legal regulation and court practice on unaccounted consumption regarding blocks of flats, halls of residence, as well as horticultural, market gardening or dacha associations of citizens. The authors analyze specific aspects of determining the period, volume and cost of unaccounted consumption by the named group of consumers and offer their own classification of such consumption. Particular attention is paid to the study of such types of unaccounted consumption as unauthorized connection of blocks of flats’ common property to the centralized systems of engineering and technical support and unauthorized tampering with communal meters.
Keywords: electric power, capacity, unaccounted consumption, non-agreement consumption, block of flats, hall of residence, non-residential premise, gardeners’ non-commercial partnership.
DISCUSSION TRIBUNE
203 Dmitry Fedotov
On the issue of subordination of claims of affiliated creditors in bankruptcy
The article analyzes the court practice on requalification of claims of the debtor-bankrupt participants from usual civil law form to a corporate one. It is proved that often such claims can not be clearly considered neither as corporate claims nor usual civil law one. It is suggested to reduce a priority of satisfaction of usual civil law claims of debtor’s affiliated creditors only if such creditors are guilty of bankruptcy of the debtor.
Keywords: bankruptcy, affiliated creditor, priority of satisfaction of claims, qualification of relations, loan agreement, sham transaction.
REVIEWS
214 Ekaterina Serditova
Review of the book «Practice of application of the Commercial Procedure Code of the Russian Federation»
The reviewed book contains answers to questions, arising in the application of the Commercial Procedure Code of the Russian Federation. It is a result of work of the Urals judicial district.
Keywords: court practice, forms of work to ensure the uniformity of court practice, team of authors.
Опубликовано: 11.02.2019 15:10 Обновлено: 11.02.2019 15:20