Courts News
News of Moscow District Courts
Interview of the issue
V.V. Cress. “Starting with a Clean Slate and Resulting in an Authoritative Court of Cassation”
Analytics: 25th Anniversary of the Moscow District Commercial Court
N.O. Okulova. “Judges of the Court of Cassation Should Strictly Stick to Their Powers and not Make Their Own Assessment Judgements”
N.V. Buyanova. “Conditions for Collegial Discussion and Formation of a Balanced Legal Position Are Created in Court”
G.A. Karpova. “When Resolving a Dispute, the Judge Shall Be Guided by the Law, not the Antipathy or Sympathy towards the Representatives of the Parties”
The History of the Moscow District Commercial Court
Analytics: Open Tribune
E.V. Kudryavtseva
On the Activity of a District Сommercial Court in Checking Judicial Acts Issued in Summary Proceedings
The article is devoted to judicial acts issued in cases considered both in summary and in writ proceedings. Grounds for review of such acts in the commercial court of cassation are discovered.
Keywords: commercial court of cassation, Moscow District Commercial Court, court order, summary proceedings
DOI: 10.46279/ASMO.2020.47.93.001
A.V. Solodilov
Separate Disputes in a Bankruptcy Case: To the Question of Compliance of the Legislation with the Actual Procedural Activity
The article shows that the current procedural legislation on insolvency (bankruptcy) does not correspond to the actual procedural activity of commercial courts and parties of this kind of cases. The composition, structure of commercial court proceedings on bankruptcy cases are not fully reflected: there is neither legal definition of separate disputes nor general provisions regulating procedural aspects of this institution. The role of court practice, clarifications of higher courts in solving this situation is emphasized. The author proposes changes to the procedural block of bankruptcy law.
Keywords: commercial process, civil process, procedural form, procedural relations, procedural rules, insolvency, bankruptcy, separate disputes, structure, system
DOI: 10.46279/ASMO.2020.63.24.002
V.P. Sorokin
Criterion of the Arbitral Award’s Finality: Evaluation by the Commercial Court
The author ponders how a commercial court evaluates the finality of arbitral awards in economic disputes and international commercial arbitration awards. The article deals with the subject matter of the assessment by the commercial court of the application for setting aside an arbitral award, the circumstances and grounds for setting aside an arbitral award; it reveals the concepts of arbitral awards on the merits of the dispute and on terms agreed by the parties. The logic and conclusions of the article are confirmed by references to laws, rulings and reviews of certain issues of Russian legislation.
Keywords: arbitral award on the terms and conditions agreed by the parties, criterion of arbitral award finality, arbitral award annulment, objective and subjective arbitrability, public policy of the Russian Federation
DOI: 10.46279/ASMO.2020.51.45.003
A.V. Yudin
Problems of Establishing and Applying the Pre-Trial Claim Procedure for Dispute Settlement in the Commercial Process
The article deals with the most pressing issues related to the introduction of a mandatory pre-trial claim procedure for dispute settlement in the commerical process; mainly, issues that have not found final resolution in court practice. The author considers the application of rules on pre-trial claim procedure in terms of active and passive procedural complicity, replacement of an improper defendant, when changing requirements, in a situation of discrepancy between the claim and claim, the consequences of violation of the pre-trial claim procedure and means of correcting violations, and other problems of the operation of procedural rules on pre-trial settlement in terms of complication of the commerical process.
Keywords: pre-trial claim procedure for dispute settlement, pre-trial procedure, claim procedure, leaving the application without consideration, return of the application, conciliation procedures, subjects of the commerical process, non-compliance with the pre-trial claim procedure
DOI: 10.46279/ASMO.2020.48.38.004
L.I. Zaytseva, M.D. Belskiy
Legal Support Measures for Business Entities in Times of Pandemic: Domestic and Foreign Experience
The article analyzes how business entities are supported during the pandemic and the adaptation of the insolvency law to crisis conditions. The effectiveness of the moratorium on bankruptcy as a stabilizing mechanism is assessed. The authors summarize the experience of England and France in using preventive and conciliation tools to help businesses restore their solvency. As a result of the analysis, it is claimed necessary to supplement and modify the insolvency measures, including the exclusion of the criterion of branch affiliation in case of granting of advantages.
Keywords: insolvency (bankruptcy), moratorium, pandemic, bankruptcy models, foreign experience, comparative legal analysis, preventive and conciliation mechanisms, rehabilitation of the debtor
DOI: 10.46279/ASMO.2020.36.77.005
A.A. Solovyov
Certain Features of the Organization of Economic Justice in the French Republic
The author, continuing to study the functioning of various foreign judicial systems, focuses on the peculiarities of economic justice organization in the French Republic. The article deals with the organization of the work of the courts of first instance (specialized commercial courts, as well as general courts of first instance), courts of appeal (appeal courts with specialized commercial chambers) and courts of cassation (Court of Cassation, represented by the Chamber of Commercial, Economic and Financial Disputes). It is concluded that the current French procedure for consideration of disputes in the sphere of business activity allows to take into account the peculiarities of their material and procedural component.
Keywords: foreign experience, economic disputes, French Republic, commercial courts, general courts of first instance, courts of appeal, Court of Cassation, Chamber of Commerce, Economic and Financial Disputes of the Court of Cassation
DOI: 10.46279/ASMO.2020.47.34.006
Court Practice Reviews
Review of the Moscow District Commercial Court Practice of Application of Items 1 and 2 of Article 61.2 of Federal Law Dated 26 October 2002 No. 127-FZ “On Insolvency (Bankruptcy)”
Scientific Advisory Council
Minutes No. 19 of the Meeting of the Scientific Advisory Council of the Moscow District Commercial Court
Protocol Decision No. 20 of the Presidium of the Moscow District Commercial Court
