Information letter of the Presidium of the Supreme Commercial Court of 25 February 2014 № 165 “A Survey of Judicial Practice on Disputes Connected with Deeming Contracts to be Not Concluded”
- Court:
- Supreme Commercial Court
Subject areas:
Judgment of the Constitutional Court of 25 February 2014 № 4-П on the review of constitutionality of certain provisions of Articles 7.3, 9.1, 14.43, 15.19, 15.23-1 и 19.7-3 of the Code of the Russian Federation on Administrative Offences in connection with the request of the Commercial Court of Niznii Novgorod Region and petitions of a number of legal entities
- Court:
- Constitutional Court
- The constitutionality of provisions which preclude imposing upon legal entities a fine which amount would be lower than the minimal level provided for in the Code
Subject areas:
Judgment of the Constitutional Court of 21 February 2014 № 3-П on the review of constitutionality of paragraph 1 of Article 19 of the Federal law “On Limited Liability Companies” upon the petition of the limited liability company “Firma Reiting”
- Court:
- Constitutional Court
- The constitutionality of the contested provision, as soon as it enables one or several members of the company, who disagree with the decision of the general meeting of company’s shareholders to increase its charter capital, to obstruct this decision by way of refusal from or delay in contributing their part of additional capital.
Subject areas:
Ruling of the Constitutional Court of 4 February 2014 № 222-О on the refusal to accept for consideration the petition of the limited liability company “Baltiyskiy Lizing” against violation of its constitutional rights by paragraph 3 of Article 421, paragraph 1 of Article 454, paragraph 1 of article 624, paragraph 1 of Article 1102 of the Civil Code of the Russian Federation and paragraph 1 of Article 19 of the Federal law “On Financial Lease (Leasing)”
- Court:
- Constitutional Court
- The constitutionality of contested rules as implying the right of the lessee to recover from the lessor at the termination of the contract a part of previously made leasing payments as an unjust enrichment, regardless of the actual financial result of the leasing operation, and in particular regardless of the losses of the lessor, caused by the breach by the lessee of his obligations under contract and its subsequent termination
Subject areas:
Ruling of the Constitutional Court of 4 February 2014 № 221-О on the refusal to accept for consideration the petition of the citizen Riskina against the violation of her constitutional rights by paragraph 2(4) of Article 54 of the Federal law “On Mortgage (The Pledge of Immovables)”
- Court:
- Constitutional Court
- Whether the contested provision is constitutional, as soon as it prohibits changing the initial selling price of the mortgaged property if its market value has changed
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 4 February 2014 № 9189/13 in the case KAO Corporation vs The company “Markos”
- Court:
- Supreme Commercial Court
- 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?
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 4 February 2014 № 13728/13 in the case The company Simbirskthement vs The Ministry of Finance of the Russian Federation
- Court:
- Supreme Commercial Court
- The legal nature of the single payment for the use of mineral resources and the possibility of its reimbursement to the minerals developer.
Subject areas:
Judgment of the Constitutional Court of 31 January 2014 № 1-П on the review of constitutionality of passage 10 of paragraph 1 of Article 127 of the Family Code of the Russian Federation upon the petition of citizen Anikiev
- Court:
- Constitutional Court
- The constitutionality of the prohibition against adopting children by persons having a criminal record.
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 21 January 2014 № 9913/13 in the case Samvel Sargisian et al. vs The company “Treasury Island” et al.
- Court:
- Supreme Commercial Court
- What actions of a spouse with regard to the shares in a company, in which he is a member, may be regarded as a disposal of common property of spouses?
Subject areas:
Judgment of the Constitutional Court of 23 December 2013 № 29-П on the review of constitutionality of passage one of paragraph 1 of Article 1158 of the Civil Code of the Russian Federation upon the petition of citizen Kondrachuk
- Court:
- Constitutional Court
- Constitutionality of contested provision in the light of the fact that it does not enable making an unequivocal conclusion as to whether the refusal of inheritance for the benefit of a specific person from among other heirs (the so-called “directed refusal of inheritance”) is lawful or not
Subject areas:
The Information Letter of the Presidium of the Supreme Commercial Court of 10 December 2013 № 162 “Review of the Practice of Application by Commercial Courts of Articles 178 and 179 of the Civil Code of the Russian Federation”
- Court:
- Supreme Commercial Court
Subject areas:
Judgment of the Plenary Session of the Supreme Commercial Court of 6 December 2013 № 88 “On the Calculation and Payment of Interest Under Creditors’ Claims in the Event of Bankruptcy”
- Court:
- Supreme Commercial Court
Subject areas:
Judgment of the Plenary Session of the Supreme Commercial Court of 6 December 2013 № 87 “On Certain Questions of the Practice of Consideration of Disputes Related to the Recovery of Losses of Resource-Providing Organisations Caused by Inter-Tariff Difference”
- Court:
- Supreme Commercial Court
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 19 November 2013 № 5861/13 in the case The company “First Musical Publishing House” vs The company “MTF Production”
- Court:
- Supreme Commercial Court
- Point of law: whether the use of musical composition in its original form (i.e. without remaking), but as a part of a complex object (a mock theatrical performance), by parodists constitutes the violation of the exclusive right to such composition?
- Dissenting opinion:
- Valiavina Elena
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 19 November 2013 № 9152/13 in the case The Russian Author’s Society (RAO) vs Tax inspection № 3 for the City of Moscow
- Court:
- Supreme Commercial Court
- Point of law: whether RAO must pay profit tax on the amounts of author’s remuneration which have not been distributed by RAO to authors?
Subject areas:
Have you spotted a typo?
Highlight it, click Ctrl+Enter and send us a message. Thank you for your help!
To be used only for spelling or punctuation mistakes.