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Judgment of the Constitutional Court of 20 May 2014 № 16-П on the review of constitutionality of paragraph 1 of part 3 of Article 31 of the Criminal Procedure Code of the Russian Federation upon the petition of citizen Filimonov

1) the constitutionality of exemption of certain categories of crimes committed by minors from the jurisdiction of court with participation of jurors; 2) the constitutionality of denying a minor of the right to the jury trial, given that his motion to that effect has been submitted prior than the law, which had exempted from juror’s jurisdiction the crimes he was indicted for, came into force.

Judgment of the Constitutional Court of 18 March 2014 № 5-П on the review of constitutionality of part 2.1 of Art 399 of the Civil Procedure Code of the Russian Federation in connection with the request of Ketovsk district court of Kurgan region  

Сonstitutionality of regulation guaranteeing the right of the victim of crime or his representative to take part in court hearings in which the issue of parole (conditional early release from prison) of the offender is being considered and making the notification of the victim or his representative a precondition of such consideration (even in cases when the court sees no need of receiving an additional information from the victim)

Judgment of the Presidium of the Supreme Commercial Court of 4 February 2014 № 9189/13 in the case KAO Corporation vs The company “Markos”

1) whether compensation for the unlawful use of a trademark may be regarded as a penalty? 2) whether plaintiff’s expenses for court fee must be reimbursed to him in accordance with the amount of compensation he claimed for violation of his right to the trademark or in accordance with the amount that was actually awarded by the court?

Judgment of the Constitutional Court of 6 December 2013 № 27-П on the review of constitutionality of the rules of Article 11 and paragraphs 3 and 4 of the fourth part of article 392 of the Civil Procedure Code of the Russian Federation in connection with the request from the presidium of Leningrad Circuit military court 

How should proceed a court which has the task of reviewing a civil case on the grounds of emergence of new circumstances if two incompatible new circumstances are present simultaneously, namely, contradictory legal opinions of the Constitutional Court of Russia and European Court of Human Rights as to whether applicable rules of Russian law are conformant to the Constitution of Russia, on the one hand, and the European Convention for the Protection of Human Rights and Fundamental Freedoms, on the other?

Judgment of the Constitutional Court of 2 December 2013 № 26-П on the review of constitutionality of paragraph 2 Article 4 of the Law of Chelyabinsk Region “On the Transportation Tax” upon request of the Legislative Assembly of Chelyabinsk Region 

Legal issues: 1) whether regional legislator, proceeding from the budget opportunities of the region and with due regard to federal legislation, may establish or abolish tax benefits, in particular for pensioners? 2) whether the Constitutional Court of Russia may overcome a decision of a regional charter court, by which the contested rule has been deemed non-conformant to the charter (or constitution) of the region?
Dissenting opinion: 
Gadzhiev Gadis

Judgment of the Presidium of the Supreme Commercial Court of 26 November 2013 № 8628/13 in the case The company “Yug and K” vs The Ministry of Finance of Karachay-Cherkessia Republic

Whether the statutory mechanism of compensation for harm caused as a result of the authorities’ persistent failure to execute court decisions excludes the right to recover, additionally, the interest for the use of another’s monetary means?

 

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