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Regular version of the site

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

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?

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”

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?

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

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.

Judgment of the Presidium of Supreme Commercial Court of 18 September 2012 № 3933/12 in the case The company “Rostelecom” (as represented by its Krasnoyarsk branch) vs Tatiana Pertsovkina, an entrepreneur

Point of law: whether the proven fact of unauthorised third party access to Internet by means of customer’s login and password, which were obtained unlawfully, may justify the customer’s refusal to pay for Internet services?

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

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?

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

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.

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

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?

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

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.

Decision of the Supreme Commercial Court of 3 July 2012 N ВАС-4065/12

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.

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

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.

Judgment of the Presidium of the Supreme Commercial Court of 22 May 2012 № 17395/11 in the case The Ulianovsk regional union of consumer societies vs The Ulianovsk regional branch of the Federal Service for State Registration, Cadastre and Cartography

Point of law: whether the Federal law “On Participation in Shared Construction of Apartment Houses and Other Objects of Real Estate” covers the cases in which not a construction of an apartment house, but a reconstruction of an existent building takes place?


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