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Review of Russia’s Supreme Court practice: contracts and obligations
On February 16, 2017 the Presidium of the Supreme Court of the Russian Federation approved this year’s first court practice review. The Review is mostly dedicated to matters related to contract law and law of obligations, including disputes involving banks and insurance companies.
16 March 2017
Monetary Obligation Paid in Instalments
Yuriy Sbitnev, partner, Exiora Law Firm, commented on the Ruling of the Plenum of the Supreme Court of the Russian Federation dated 22.11.2016 No. 54 on matters concerning permissibility of performing a monetary obligation in instalments.
27 February 2017
The Supreme Court on the writ proceedings
A court order is a judicial act issued by a lay judge or a commercial arbitration court judge of a relevant constituent body of the Russian Federation upon a motion for the recovery of possession of personal property or collection of money on grounds listed in Article 122 of the Russian Code of Civil Procedure and Article 229.2 of the Russian Code of Arbitration Procedure. The list of grounds for issuing a court order is an exhaustive one. The distinction between a court oder and a judgment is that the former simaltaneously serves as an enforcement order.
14 February 2017
Amendments in registration of real estate and its cadastral evaluation
Starting from January 1, 2017, the procedure for state registration of real estate and its cadastral evaluation will be amended. What do you need to know about the coming amendments?
23 December 2016
Obligatory Pre-Trial Dispute Settlement Procedure: Looking Back at Six Months’ Results
Effective from June 1, 2016, a general rule has been introduced pursuant to which any dispute arising from civil relationships may be referred to consideration by an arbitration court only after the parties take steps to settle it out of court. The practice which has established over half a year of applying this institute is controversial.
19 December 2016
Compensation for Release from Obligations in Bankruptcy Cases
Amendments introduced to the Law on Bankruptcy are intended to normalize the procedure for satisfying creditors’ claims by providing a compensation for release from obligations. In particular, the legislator has set limitations on the possibility to enter into such agreement, established the procedure for transfer of a property serving as said compensation, regulated property transfer to several creditors, and entering into a compensation agreement if the creditor’s claims are subject to satisfaction only in cash.
Business law related disputes and insolvencies
Another review of court practice of the Supreme Court of the Russian Federation is rich in explanations concerning resolution of business law related disputes and insolvency (bankruptcy) cases. Yuriy Sbitnev, a partner of Exiora Law Firm, provides an insightful commentary on the most relevant of them for the Lawyer-Online publication.
21 November 2016
Foreign Business Within Russian Laws
Despite Western sanctions imposed on Russia, foreing companies continue to successfully do business in Russia. How does foreign business community operate within Russian laws? How often do foreign clients engage legal consultants?
12 October 2016
Construction Contract Related Risks and Disputes
Traditionally, construction related disputes have formed the bulk of cases heard by Russian courts. Such disputes primarily concern payment for works performed by the contractor, the customer’s claims as to the quality of the works or performance dates.
03 October 2016
Means of Protecting Violated Rights
Defense of civil rights is of fundamental importance in any jurisdiction. Over the last 10 years, considerable efforts have been undertaken in Russia to raise the efficiency of judicial means of defense, ensure transparency and openness of the Russian justice system. Skillfully applying remedies available for defense of violated rights and knowing specifics of how substantive and procedural law work may significantly increase your chances of their being fully and timely restored.
22 September 2016
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