#1 2010

CONTENTS

58V.B. Martemiyanov, D.V. Murzin, N.E. Napolskaya, R.O. Opalev, E.U. Petrov, E.N. Serditova, U.M. Sidorskaya, U.L. Khoroshun Problems of application of land legislation and legislation on insolvency (bankruptcy)

On materials of joint meeting of scientific advisory council under the Federal arbitration court of West Siberian district and Federal arbitration court of Ural district

120Krukov A.N. Discharge of creditors claims not repaid during bankruptcy proceeding through debtors assets which were illegally alienated by third parties

According to the clause 11 article 142 of the Federal law on bankruptcy creditors which claims were not satisfied in full during bankruptcy proceeding are entitled to claim for recovery proceedings against debtors assets illegally acquired by third parties in the amount of claims not satisfied during bankruptcy proceeding. The article covers problems connected with application of this provision.

Keywords: bankruptcy, creditors claims

132Khodikin R.M. Some questions of application of new provisions of Arbitration procedural code of the Russian Federation on group proceeding

The article provides analysis of the chapter 28.2 of the Arbitration procedural code of the Russian Federation Consideration of cases on protection of rights and legal interests of a group of persons embodied by the Federal law of July 19, 2009 205-.

Keywords: arbitration process, group proceeding, class action, jurisdiction

144Davis S. Class actions: life jacket for investors and shareholders or right way to a disaster for a society and goldmine for lawyers?

Class actions as an institute of the procedural law traditionally in the international practice are used for the protection of interests of consumers, investors, shareholders and serve as an effective instrument of impact on huge corporations. The author reviews peculiarities of examination of class suits in England and USA. The author analyses factors which make people use class actions, provides examples of class and collateral actions.

Keywords: arbitration process, class suits, collateral action

151Bakker M. The role of a notary in the right of limited liability companies by the example of some countries members of EU.

Notarys participation in a process of incorporation of a limited liability company and its charter approval is envisaged in many legal systems. The article covers grounds for participation of a notary in such kind of relations (particularly guaranty of persons rights observance and facts identity, fiscal state interests, consumers protection, control over money laundry), as well as the role of a notary on different stages of legal entity activity.

Keywords: notary, limited liability company, incorporation of a limited liability company, register of legal entities, trade register, publicity of a register