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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  

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

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?

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” 

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 Constitutional Court of 19 November 2013 № 24-П on the review of constitutionality of part one of Article 10 of Criminal Code of the Russian Federation, part 2 of Article 24, part 2 of Article 27, part 4 of Article 133 and Article 212 of Criminal Procedure Code of the Russian Federation in connection with complaints of citizens Borovkov and Morozov

Constitutionality of rules which permit the closure of criminal case due to the adoption of a law which decriminalised the pertinent offence, but do not require the consent of the person concerned, given that such person objects against the closure of the case without judicial review of the legality and justifiability of those suspicions or charges that have been brought against him.

 

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