Judgment of the Presidium of the Supreme Commercial Court of 26 March 2013 № 14828/12 in the case Condominium "Skakovaya 5" vs The company "Arteks Corporation"
- Court:
- Supreme Commercial Court
- Points of law: 1) whether findings having pre-judicial significance should be set out in reasoned part of court decision or only in the resolutive one? 2) how the burden of proof should be apportioned by a court if there are reasons to believe that a party to the dispute, an offshore company, abuses the law – namely, it hides its affiliation with a party to an earlier dispute having pre-judicial significance, with the purpose of overcoming pre-judicial effect of the previous decision by appearing as a new party in the later dispute on the same issues.
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 2 October 2012 № 6272/12 in the case The company “Prigranichie” vs The Company “Vostok-Avto-Bir”
- Court:
- Supreme Commercial Court
- Point of law: admissibility of the plaintiff’s argument that respondent’s vehicles could not cross the border of the Russian Federation without using the transportation facilities belonging to the plaintiff.
Subject areas:
Judgment of the Constitutional Court of 5 June 2012 № 13-П on the review of constitutionality of provisions of paragraph 2 of Article 1086 of the Civil Code of the Russian Federation in connection with the complaint of the citizen Iu.G.Timashev
- Court:
- Constitutional Court
- Legal issue: whether the contested provision of the Civil Code is constitutional, given that it is considered in law-application practice as enabling the plaintiff to confirm the amount of his lost earnings solely by the data contained in tax declarations, as a result of which for the individual entrepreneurs using the system of taxation in the form of unified tax on imputed income, the amount of earnings calculated thus turns to be less than their actual income, which precludes them from being compensated in full.
Subject areas:
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