Review of court practice of the Supreme Court for 2014 № 1 (affirmed by the Presidium of the Supreme Court on 24 December 2014)
- Court:
- Supreme Court
Subject areas:
Judgment of the Constitutional Court of 20 July 2012 № 20-П on the review of constitutionality of the provisions of part 1 of Article 125 and part 1 of Article 152 of the Criminal Procedure Code of the Russian Federation in connection with the complaint of the citizen R.G.Mishina
- Court:
- Constitutional Court
- Legal issue: whether it is true that the contested provisions permit to arbitrarily establish the territorial jurisdiction of cases concerning the complaints against the decisions and actions (or failure to act) of the officials of investigative agencies and by so doing contradict the Constitution?
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 Presidium of the Supreme Commercial Court of 21 February 2012 № 13104/11 in the case The company “Leramony Associates Inc” vs The company “Meinl Bank AG” et al
- Court:
- Supreme Commercial Court
- Point of law: whether the commercial court has a right to revise the choice of court made by the parties to a contract and declare the lack of jurisdiction over the ensuing contractual dispute in the absence of defendant’s motion to that effect as well as any violation of court’s exclusive jurisdiction or public policy?
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 20 December 2011 № 9924/11 in the case The company "Instroy" vs The company "SU-155"
- Court:
- Supreme Commercial Court
- Point of law: whether a suit seeking to coerce the purchaser to pay the contract sum under a contract of purchase-sale of land plot falls within the jurisdiction of commercial court at the location of the land plot?
Subject areas:
Decree of the Plenary Session of the Supreme Commercial Court of 10 October 2011 № 71
- Court:
- Supreme Commercial Court
- In this Decree the Plenary Session of the Court has addressed a number of important issues of judicial practice relating to administrative offences.
Subject areas:
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