Interview of the issue
“It would be a mistake to deprive chairmen of the courts of the right to initiate disciplinary proceedings”
News of Moscow District Courts
Analytics: The Chairman of the Court and His Role in the Proceedings
The Role of the Chairman of the Arbitrazh Court
The article discloses the role of the court’s president in the organisation of both the administration of justice and the work of the court.
Keywords: president of the court, arbitrazh court, justice, administration, modern proposals to change the status of the president of the court
Chairman of the Court as a Subject of Civil Procedural Legal Relations
The article deals with the positioning of the president of the court as a subject of civil procedural legal relations. Traditionally, the chairman of the court is not singled out as a subject of procedural attitude; his procedural powers are not given due attention. Meanwhile, in civil and arbitration proceedings, as well as in administrative proceedings, the chairman can have a serious impact on the course and development of the process. The analysis of his powers revealed the key features of the procedural status of the chairman of the court.
Keywords: civil procedural legal relations, subjects of civil procedural legal relations, chairman of the court, powers of the chairman of the court, cassation proceedings, supervisory proceedings
The Procedural Powers of the Chairman of the Court to Speed up the proceedings in Civil and Administrative Proceedings
The article highlights the doctrinal and applied problems of procedural powers of the chairman of the court to accelerate the consideration of the case in civil proceedings and administrative proceedings. Problems of improvement of rocedural legislation on the investigated problem are allocated and ways of their resolution are offered.
Keywords: civil procedure, administrative proceedings, reasonable terms of legal proceedings, procedural actions of the chairman of the court
Basis of the Legal Status of the President of the Supreme Court of the Kingdom of Spain as the President of the General Council of the Judiciary, and the Status of Other Council Members
The article deals with the legal status of the President of the Supreme Court of Spain, who is also the President of the General Council of the Judiciary, as well as the legal status of other members of that body. The author describes the structure of the General Council and thoroughly examines legislative guarantees and restrictions relating to the exercise of the functions of its members, as well as the consequences of non-compliance with these restrictions.
Keywords: Kingdom of Spain, President of the Supreme Court and the General Council of the Judiciary, General Council of the Judiciary of the Kingdom of Spain, judiciary, foreign experience
Analytics: Open Forum
Change in the Legal Regulation of the Amount of the State Fee When Applying to the Court, as a Continuation of the Russian Arbitrazh Reform
This article is devoted to the study of the legal regulation of the amount of state fee when applying to a court. The provisions of domestic legislation are examined. Conclusions are drawn about existing problems in determining the amount of state duty. Taking into account the analysis of legislation and law enforcement practice, recommendations for improving the current legislation are provided.
Keywords: arbitrazh court, arbitrazh trial, state fee
G.V. Semenov, E.S. Zavidovskaya
Pre-trial Procedure for Dispute Resolution and the Statute of Limitations: Interaction Problems
The authors consider the suspension of limitation period in cases where parties start the procedure of extrajudicial dispute resolution, and the problem of interaction between the legal provisions on suspension of the limitation period (Art. 202 of the Civil Code of the Russian Federation) and the procedural rules regarding the mandatory compliance with the claim procedure for dispute resolution (Art. 4 of the Code of Arbitrazh Procedure).
Keywords: limitation period, suspension of limitation period, pre-trial procedure of dispute settlement, claim procedure of dispute settlement
Peculiarities of Consideration of Disputes Arising in the Territory with Special Status (on the example of Baikonur)
Article 38 (7) (2) of the Arbitrazh Procedure Code of the Russian Federation provides that disputes between Russian organisations operating or having property on the territory of a foreign state and not having state registration in the Russian Federation shall be considered by the Arbitrazh Court of the Moscow region. This provision has legislated the previously established procedure for consideration of disputes involving Russian companies registered in Baikonur. This article deals with the problems of determining the competence of the Arbitration Court of the Moscow region in disputes arising in the territory of Baikonur, and the peculiarities of the consideration of the latter.
Keywords: Baikonur, international jurisdiction, disputes involving foreign persons, analogy of law, analogy of law
Termination of Proceedings Due to the Liquidation of the Organisation (Party to the Case): Judicial Practice
The author demonstrates how arbitrazh courts apply Art. 150 (1) (5) of the Arbitrazh Procedure Code of the Russian Federation which provides for the possibility of termination of proceedings if the organisation that is a party to the case is liquidated. Some courts consider the claims on the merits in such cases. However, the author states that this procedural provision is mandatory so it is necessary to terminate proceedings or to consider a separate dispute in such a case.
Keywords: dispute resolution, arbitrazh practice, mandatory termination of proceedings or consideration of a separate dispute
Implementation of the principle of Legal Certainty in Encumbrances on Property
The article is devoted to the realisation of the principle of legal certainty in economic disputes about the rights to the arrested property. The authors analyses the broad interpretation of the category “property” by the European Court of Human Rights and the Constitutional Court of the Russian Federation. Finally, the conditions of transactions and other legally significant actions with the arrested land plots, limits of definition of legal destiny of these objects (changes in information on unique characteristics of the land plot, transfer of rights of the pledgee to the land plot, transfer of rights of the lessee under the land lease agreement), legal grounds and consequences of entering (exclusion of) by the authorised bodies in the public register of information on attachment of the property are highlighted. on the example of the arbitrazh practice of the Moscow District.
Keywords: principle of legal certainty, limits of disposal of arrested property, balance of interests, encumbrance of rights, property
Court Practice Reviews
Review of Court Practice in Disputes Related to the Lease of State-Owned Land
Minutes No. 159 of the Working Group Meeting Discussion of the Practice of Application of the Arbitrazh Procedure Code of the Russian Federation
Minutes No. 160 of the Working Group Meeting Discussion of the Practice of Application of the Arbitrazh Procedure Code of the Russian Federation