Judgment of the Presidium of Supreme Commercial Court of 4 September 2012 № 3809/12 in the case The Prefecture of the Southern Administrative District of Moscow vs The company “London Bridge Market”
- Court:
- Supreme Commercial Court
- Point of law 1: what is the proper judicial remedy against the violation of rights of the owner of a land plot, if a lessee has built a permanent structure on it without consent of the owner and subsequently registered his ownership with respect to such structure?
Subject areas:
Judgment of the Presidium of Supreme Commercial Court of 30 July 2012 in the case The company “Russian Railways” (RZhD) vs The Directorate of the Federal Antitrust Service for Rostov Region
- Court:
- Supreme Commercial Court
- Point of law: whether it is a violation of antitrust legislation that the booking clerks of RZhD, alongside with selling railway tickets, were also rendering services on voluntary insurance, without receiving purchaser’s consent to such services and without explaining to him the conditions of insurance contract and the rules of its conclusion?
Subject areas:
Judgment of the Presidium of Supreme Commercial Court of 24 July 2012 № 2544/12, № 2545/12 и № 2598/12 in the case The company “Perspektivnye Tekhnologhii” vs Tax Inspection № 3 for the City of Moscow
- Court:
- Supreme Commercial Court
- Points of law: 1) whether court has a right to evaluate at its own initiative the reasonability of amounts expended by the winning party for court representation, and subsequently reduce them when recovering them from the losing party? 2) whether the evaluation of the reasonability of expenses is anyhow affected by the fact that they must be recovered from the State budget?
- Dissenting opinion:
- Petrova Svetlana
Subject areas:
Judgment of the Constitutional Court of 20 July 2012 № 20-П on the review of constitutionality of the provisions of part 1 of Article 125 and part 1 of Article 152 of the Criminal Procedure Code of the Russian Federation in connection with the complaint of the citizen R.G.Mishina
- Court:
- Constitutional Court
- Legal issue: whether it is true that the contested provisions permit to arbitrarily establish the territorial jurisdiction of cases concerning the complaints against the decisions and actions (or failure to act) of the officials of investigative agencies and by so doing contradict the Constitution?
Subject areas:
Judgment of the Constitutional Court of 18 July 2012 № 19-П on the review of constitutionality of part 1 of Article 1, Part 1 of Article 2 and Article 3 of the Federal law “On the Procedure for Consideration of Petitions of Citizens of the Russian Federation”
- Court:
- Constitutional Court
- Legal issue: whether the contested provisions are constitutional as long as they: do not extend to legal persons the right to send individual and group petitions to State and municipal bodies; do not determine whether the authorities of constitutive entities of the Russian Federation have the right to provide additional (as compared to the federal law) guarantees of the citizens’ rights to petition, including the guarantees concerning: a) the petitions addressed to State and municipal enterprises and institutions, and б) the extension of guarantees established for petitions of citizens to those of legal persons.
Subject areas:
Judgment of the Presidium of Supreme Commercial Court of 17 July 2012 № 17528/11 in the case The company “Les” vs The Federal Customs Service of the Russian Federation
- Court:
- Supreme Commercial Court
- Point of law: whether it is possible to recover a contributory compensation of moral harm (i.e., harm to company’s reputation) from a State body which adopted an unlawful decision against the company?
Subject areas:
Judgment of the Constitutional Court of 16 July 2012 № 18-П on the review of constitutionality of part 1 of Article 31 of the Federal law of 24 July 2007 № 216-ФЗ “On Making Changes in the Second Part of the Tax Code of the Russian Federation and Certain Other Legislative Acts of the Russian Federation” in connection with the request of South Sakhalin City Court of Sakhalin Region
- Court:
- Constitutional Court
- Legal issue: whether the contested regulation is constitutional, if according to it the insurance payments under the contracts of voluntary long-term life insurance made by insurance companies (insurers) after 1 January 2008 are included into the tax base for the purposes of personal income tax as an income of the insurants, whereas insurance contributions transferred to insurance companies by their employers before 1 January 2008 were also subject to personal income tax, i.e. the tax was in fact levied twice, although the real income in the form of insurance payment was received by the insurant only once.
Subject areas:
Decree of the Plenary Session of Supreme Commercial Court of 12 July 2012 N 43 “On Making Changes in the Judgment of the Plenary Session of Supreme Commercial Court of the Russian Federation of 17.02.2011 N 12 “On Certain Questions of the Application of the Commercial Procedure Code of the Russian Federation in the version of the Federal Law of 27.07.2010 N 228-FZ “On Making Changes in the Commercial Procedure Code of the Russian Federation”
- Court:
- Supreme Commercial Court
- By this judgment the Plenary Session of the Court clarified its own earlier explanations regarding court notices, and gave additional explanations as to litigation expenses.
Subject areas:
Decree of the Plenary Session of the Supreme Commercial Court of 12 July 2012 N 42 “On Certain Questions Regarding the Resolution of Disputes Connected to Suretyship”
- Court:
- Supreme Commercial Court
- In this explanatory Judgment the Court has elucidated an array of issues concerning suretyships.
Subject areas:
Judgment of the Presidium of Supreme Commercial Court of 10 July 2012 № 17713/11 in the case The company “The Silver of Maghadan” vs The Interdistrict Tax Inspection № 1 for Maghadan Region
- Court:
- Supreme Commercial Court
- Point of law: is it lawful to have in an export contract, under which silver is sold abroad, a clause establishing a “price corridor” in the form of admissible deviations from the price of the silver in the world market?
Subject areas:
Judgment of the Presidium of Supreme Commercial Court of 10 July 2012 № 6791/11 in the case The company INTEKO vs The Interregional Tax Inspection for Major Taxpayers № 3
- Court:
- Supreme Commercial Court
- Point of law: whether expenses incurred by the plaintiff for receiving a bank guarantee, which was a precondition for receiving an injunctive relief from the court, may be included into litigation expenses?
Subject areas:
Judgment of the Constitutional Court of 9 July 2012 № 17-П on the review of constitutionality of the Protocol of Accession of the Russian Federation to Marrakesh Agreement establishing the World Trade Organisation - an international treaty of the Russian Federation not entered into force
- Court:
- Constitutional Court
- Legal issue: whether this Protocol contradicts the Constitution of the Russian Federation — 1) as far as the procedure for its adoption is concerned, and 2) as to the contents of its provisions as far as the latter: а) entail the extension to the Russian Federation of the Understanding on Rules and Procedures Governing the Settlement of Disputes which envisages the establishing and functioning of Dispute Settlement Body within the World Trade Organisation, and also b) establish specific obligations of the Russian Federation with regard to the admission to rendering legal services in the territory of the Russian Federation.
Subject areas:
Decision of the Supreme Commercial Court of 3 July 2012 N ВАС-4065/12
- Court:
- Supreme Commercial Court
- Point of law: whether an explanatory letter of the Federal Antitrust Service, which says that it is unlawful to create the subject of public sale (tender) by putting together works on preparation of project documentation and works on the organisation of construction, conforms to the law.
Subject areas:
Judgment of 29 June 2012 № 16-П on the review of constitutionality of the provisions of part 10 of Article 13 of the Federal law “On Arms” in connection with the complaints of the citizens G.V.Belokrinitskii and V.N.Teterin
- Court:
- Constitutional Court
- Legal issue: whether the contested provision of the law is constitutional if it serves as a ground for prohibiting the acquisition of hunting fire-arms with rifled barrel by citizens who violated the rules of hunting, the rules of manufacturing, sale, transfer, acquisition, collecting or exhibiting, registration, bearing, transportation and use of arms, as well as trade thereof.
Subject areas:
Ruling of the Constitutional Court of 28 June 2012 № 1274-О on the complaint of the citizen A.A.Baikulov against the violation of his constitutional rights by paragraphs 2 and 3 of part 2 of Article 30 of the Criminal Procedure Code of the Russian Federation
- Court:
- Constitutional Court
- Legal issue: whether there is a violation of the constitutionally guaranteed right of everyone to have his case heard in the court and by the judge within whose competence the case is placed by law, if a person is denied his right to jury trial on the ground that other persons accused within the same criminal case do not have the right to jury trial, so that with regard to them the case must be considered by a panel consisting of three professional judges of a federal court of general jurisdiction?
- Dissenting opinion:
- Aranovskiy Konstantin
Subject areas:
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