Information Letter of the Presidium of the Supreme Commercial Court of 24 May 2012 № 151 “The Review of the Practice of Consideration by Commercial Courts of the Disputes Connected with the Exclusion of a Member from a Limited Liability Company”
- Court:
- Supreme Commercial Court
- In the opinion of the Presidium, a member may be excluded from a limited liability company only if he commits actions which knowingly inflict harm upon the company, thereby destroying trust among members and obstructing the continuation of normal activities of the company.
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 22 May 2012 № 13443/11 in the case The company “MIG Story” vs The city of Kaliningrad
- Court:
- Supreme Commercial Court
- Point of law: whether the demand of a person to recover the losses (expenses) is lawful, if they were borne as a result of his fulfilment of a decision of a public authority which was adopted following the request of the same person, but was knowingly not conforming to a law?
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 24 April 2012 № 16404/11 in the case The company “Olimpia” vs The company “Parex banka” et al.
- Court:
- Supreme Commercial Court
- Points of law: 1) whether the actual presence in the territory of the Russian Federation of a representative office of a foreign legal entity constitutes, under the Agreement between the Republic of Latvia and the Russian Federation on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters (1993), a sufficient ground for assuming jurisdiction by a Russian commercial court with regard to a dispute involving the aforementioned foreign legal entity, or it is only the formal presence of a properly registered representative office that may constitute the necessary precondition for such assuming of jurisdiction?; or 2) whether it is essential, for the purposes of determining the jurisdiction (proper venue), that the Russian branches of the foreign legal entity did not take part in assisting the disputed transactions?
Subject areas:
Judgment of the Constitutional Court of 23 April 2012 № 10-П on the review of constitutionality of the tenth passage of Article 2 of the Law of the Russian Federation "On the Employment of the Population in the Russian Federation" in connection with the complaint of the citizen E.N.Erlich
- Court:
- Constitutional Court
- Legal issue: whether the contested rules are constitutional, as far as they do not allow the recognition of a founder of an association of house-owners as an unemployed person, whereas the founders (or members) of other non-commercial organisations may under the same law be recognised as being unemployed, which gives then the right to unemployment benefits.
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 10 April 2012 № 15085/11 in the case The company “Russian Forest Group” vs Sberbank
- Court:
- Supreme Commercial Court
- Point of law: 1) how is limited the right of the pledgeholder to reduce 10-days period of time which the law gives him in order to cease the sale of the object of pledge by performing the obligation which has been secured by the pledge? 2) whether an executive note of the notary is required for the purposes of compulsory levy of execution on the object of pledge (securities), given that the depositary and pledgeholder are different persons?
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 29 March 2012 № 16882/2011 in the case The company “Commercial bank “Moskovskii kapital” et al. vs The State unitary enterprise “The Second printery of Federal Directorate of Medico-bilogical and extremal problems”
- Court:
- Supreme Commercial Court
- Point of law: under which circumstances execution may be levied against the property of the surety, if such surety is a federal unitary enterprise?
Subject areas:
Decree of the Plenary Session of the Supreme Commercial Court of 23 March 2012 № 14 “On Particular Issues of the Practice of Resolution of Disputes Connected with the Challenging of Bank Guarantees”
- Court:
- Supreme Commercial Court
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 22 March 2012 № 12613/11 in the case Shavkat Satarov vs The company “Uralskii Priborostroitelnyi zavod” et al.
- Court:
- Supreme Commercial Court
- Point of law: whether the corporate law concept of “affiliation” is applicable to natural persons who formally do not engage in entrepreneurial activities?
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 20 March 2012 № 14989/11 in the case The company “IunitPrestizh” vs The company “Uiut-Stroi” et al.
- Court:
- Supreme Commercial Court
- Point of law: if in the course of judicial proceedings it has been found that the defendant behaved in an unscrupulous manner, in particular, if he refused to disclose the necessary information, whether the plaintiff should then prove the facts he stated to be true, or the burden of proving or, rather, refuting them should be shifted upon the defendant?
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 6 March 2012 № 12505/11 in the case The company “Doroga” vs G.P.Semenenko
- Court:
- Supreme Commercial Court
- Point of law: what are the standards of reasonable and in good faith behaviour of the chief manager of the company and how the burden of proof should be distributed if the plaintiff (shareholder of the company) submits weighty arguments of the disputed transactions being interrelated and of the chief manager of the company being in the situation of a conflict of interests?
- Dissenting opinion:
- Dedov Dmitriy
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 28 February 2012 № 14850/11 in the case The company “Farn-Trade” vs The company “Prosto” et al.
- Court:
- Supreme Commercial Court
- Points of law: 1) what are the requirements to the procedure of publication and dissemination of notifications concerning a public sale? 2) whether the consent of lessor is mandatory in case of the transfer of the right to lease of the state or municipal property?
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 28 February 2012 № 12436/11 in the case The company “Konsortium-PIK” et al. vs The Federal Service for Intellectual Property, Patents and Trademarks
- Court:
- Supreme Commercial Court
- Point of law: whether a designation which is confusingly similar to an international nonproprietary name may be registered as a trademark?
Subject areas:
Decision of the Supreme Commercial Court of 21 February 2012 № 14589/11
- Court:
- Supreme Commercial Court
- Point of law: whether the Order of the Ministry of Culture of 25 August 2010 is lawful to the extent in which it places upon the commercial entities the duty to store a large number of various documents (enumerated in the Order) and prescribes periods for their storage?
Subject areas:
Judgment of the Constitutional Court of 9 February 2012 № 2-П on the review of constitutionality of a provision of part 8 of Article 325 of the Labour Code of the Russian Federation in connection with the complaint of the citizen I.G.Trunova
- Court:
- Constitutional Court
- Legal issue: the provision in question guarantees to the members of staff of the organizations belonging to the State or local governments who work in the Far North and similar localities a compensation of expenses for their return trip to the place of statutory leave. Does such guarantee extend also to persons working for private employers, and if not, whether such distinction is constitutional?
- Dissenting opinion:
- Aranovskiy Konstantin , Kazantsev Sergey
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 7 February 2012 № 13135/11 in the case The company “Atlant-M Leasing” vs Irina Kolontaenko, an entrepreneur
- Court:
- Supreme Commercial Court
- Point of law: which circumstances enable the court to determine by whom the seller of the asset being leased under financial leasing transaction has been chosen - by the lessor or lessee?
Subject areas:
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