Judgment of the Constitutional Court of 19 November 2012 № 27-П on the review of constitutionality of Item 7 of Article 20 of the Law of the Russian Federation “On the Status of Judges in the Russian Federation” and a number of provisions of the Federal Law “On Labour Pensions in the Russian Federation” in connection with the complaint of I.Yu.Frolova
- Court:
- Constitutional Court
- Legal issue: whether contested provisions offer an adequate social protection to disabled family members of those judges who died because of the reasons, not relating to the performance of their professional duties?
Subject areas:
Judgment of the Constitutional Court of 15 November 2012 № 26-П on the review of constitutionality of a provision of part 2 of Art 10 of the Federal Law “On the State Civil Service of the Russian Federation” in connection with the request of the Legislative Assembly of Kamchatka Region
- Court:
- Constitutional Court
- Legal issue: the constitutionality of the requirement, according to which a regional register of offices of the State civil service should be composed with due regard to the structure of State bodies, names, categories, and groups of offices established by the federal register, if in practice it is understood as a requirement of identity of two registers and of the formation of the structure of regional State bodies by analogy with the structure of the respective federal State bodies?
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 13 November 2012 № 7454/12 in the case Citizen Komissarov vs The company “A family itelmen commune Haiko” et al.
- Court:
- Supreme Commercial Court
- Point of law: the legality of a potestative condition precedent in a contract of sale of a share in a limited liability company, according to which in case of the purchaser’s failure to timely pay a full price for the share the contract shall be repudiated and corresponding obligations shall terminate.
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 13 November 2012 № 9007/12 in the case The company SABMiller RUS vs The company “Aleksandrit” et al.
- Court:
- Supreme Commercial Court
- Point of law: whether a dispute arising out of a lease contract which was secured by suretyship of a natural person, not having the status of individual entrepreneur, may fall nonetheless within the jurisdiction of commercial courts?
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 13 November 2012 № 8141/12 in the case Leasing company “Uralsib” vs The company “Novosibirsk Autotsentr Kamaz”
- Court:
- Supreme Commercial Court
- Points of law: 1) whether arbitration court may have jurisdiction over a suit filed by lessor against lessee (debtor) after the start of bankruptcy procedures with regard to the debtor? 2) whether affiliation of the arbitration court with one of the parties to the dispute is permissible?
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 13 November 2012 № 6813/12 in the case The entrepreneur Sergey Chudov vs The Vladivostok customs office
- Court:
- Supreme Commercial Court
- Point of law: whether customs office was right in suspending the importation of goods with a trade mark registered in the customs database of IP rights, provided that the first sale of such goods has already taken place in another country?
Subject areas:
Judgment of the Constitutional Court of 8 November 2012 № 25-П on the review of constitutionality of a provision of part 1 of Article 79 of the Federal Constitutional Law “On the Constitutional Court of the Russian Federation” in connection with the complaint of the joint-stock company “Transnefteprodukt”
- Court:
- Constitutional Court
- Legal issue: whether courts must follow a constitutional interpretation of a legislative provision, given in a judgment of the Constitutional Court, if this interpretation was issued after the adoption by a court of first instance of a decision in the case in which such provision was subject to application, but before the consideration of the case by superior courts?
Subject areas:
Judgment of the Constitutional Court of 7 November 2012 № 24-П on the review of constitutionality of part 1 of Article 2 of the Federal law of 12 February 2001 № 5-ФЗ “On Making Changes in and Amendments to the Law of the Russian Federation “On the Social Protection of the Citizens Affected by the Radiation As a Result of the Catastrophe of Chernobyl APP” in the interpretation given to its provisions in the law-application practice after the entering into force of the Judgment of the Constitutional Court of the Russian Federation of 20 December 2010 № 21-П, in connection with the complaint of the citizen R.Inamov
- Court:
- Constitutional Court
- Legal issue: whether the contested provisions, as interpreted by law-application practice in the wake of the Judgment of the Constitutional Court of the Russian Federation of 20 December 2010 № 21-П, are conformant to the Constitution, as long as they serve as a ground for refusal of calculating the amount of monetary compensation to disabled persons from the ranks of military personnel who took part in the liquidation of Chernobyl catastrophe, on the basis of their money allowance with due regard to the degree of the loss of their work capacity?
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 6 November 2012 № 9127/12 in the case Timofeev, the bankruptcy trustee of the company “Trading house Vega” vs M.Suturin, the acting director of the company “Trading house Vega”
- Court:
- Supreme Commercial Court
- Point of law: whether fault of general director of a company is a necessary precondition for holding him subsidiarily liable for the debts of the company, as envisaged by the Bankruptcy Law in case of his failure to convey the accounting documentation to the bankruptcy trustee?
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 30 October 2012 № 8035/12 in the case The Department of Town Planning and Architecture of the City of Perm vs the Federal Bureau for Technical Supervision
- Court:
- Supreme Commercial Court
- Points of law: 1) may a court refuse to affirm an amicable agreement which contains conditions not related to the dispute at hand? 2) whether court should issue a separate ruling in the event of such refusal?
Subject areas:
Judgment of the Constitutional Court of 24 October 2012 № 23-П on the review of constitutionality of paras 1, 2 and 4 of part 2 of Article 19 of the Law of the Russian Federation “On the Social Protection of the Citizen Who Have Suffered from Radiation as a Result of the Catastrophe on the Chernobyl Nuclear Power Station” in connection with the complaint of the citizen T.S.Chaplyghina
- Court:
- Constitutional Court
- Legal issue: whether the contested rules are constitutional if they – in the meaning given to them by the continuous law-application practice – make the rendering of measures of social protection to citizens, who work in the territory of the zone of residence with privileged social and economic status, dependent upon their living (or working) there as of 2 December 1995?
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 23 October 2012 № 7805/12 in the case The company “Fringilla Co. LTD” vs The company “Rybprominvest” et al.
- Court:
- Supreme Commercial Court
- Point of law: legal factors on which depends the possibility of recognition and execution of a foreign (specifically, a Cypriot) court decision concerning a transaction under Russian law and between Russian legal entities.
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 23 October 2012 № 7508/12 in the case Citizen Ivanov et al. vs The company “Sibtechgaz”
- Court:
- Supreme Commercial Court
- Point of law: the possibility to provide in company’s internal regulations for additional requirements to candidate directors (members of the board).
Subject areas:
Judgment of the Constitutional Court of 16 October 2012 № 22-П on the review of constitutionality of the rules of part 2 of Article 2 and part 1 of Article 32 of the Criminal Procedure Code of the Russian Federation in connection with the complaint of the citizen S.A.Krasnoperov
- Court:
- Constitutional Court
- Legal issue: whether part 1 of Article 32 of the Criminal Procedure Code violates the constitutional right to the State protection (including the judicial one) of rights and freedoms as long as this Article precludes the consideration by Russian courts of an application submitted in the procedure of private accusation, concerning the commission by a Russian citizen of a crime against another citizen of Russia outside of the territory of the Russian Federation?
- Dissenting opinion:
- Knyazev Sergey
Subject areas:
Judgment of the Constitutional Court of 15 October 2012 № 21-П on the review of constitutionality of para 21 of Art 15 of the Federal law “On the Status of the Military Personnel” in connection with the complaint of citizen N.M.Kabulov
- Court:
- Constitutional Court
- Legal issue: whether the contested provisions are constitutional, if their uncertainty allow for depriving of the right to dwelling the citizens dismissed from military service who before 1 January 2005 were registered by the bodies of local self-government as persons in need of dwelling, but subsequently moved to another region for permanent residence and were reregistered there after that date, - as opposed to the citizens of the same category who did not change their place of residence.
Subject areas:
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