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ВЕСТНИК Высшего Арбитражного Суда Российской Федерации Журнал Вестник
Вестник Высшего Арбитражного Суда Российской Федерации

#2 2010

CONTENTS

46Veretennikova S.N. Issues of application of the article 395 of the Civil code of the Russian Federation

For the use of the other person's money as a result of its illegal retention, of the avoidance of its return or of another kind of delay in its payment, or as a result of its unjustified receipt or saving at the expense of the other person, the interest on the total amount of these means shall be due under the clause 1 article 395 of the Civil code. The author analyses existed approaches in doctrine and court practice on certain issues affecting application of the article 395 of the Civil code.

Keywords: responsibility, delay in payments of cash assets

60Kurochkin S.A. On practice of arbitration courts in consideration of cases on contestation of decisions of intermediate courts and international commercial arbitrage

The article provides analysis of application of the chapter 30 of the Arbitration procedural code in consideration of cases on contestation of decisions of intermediate courts and international commercial arbitrage made in the territory of the Russian Federation. The author devotes special attention to proceeding procedure on this category of cases, application of grounds for reversal of a judgment, interrelation of provisions of the Arbitration procedural code, Federal law “On intermediate courts in the Russian Federation”, Law “On international commercial arbitrage”.

Keywords: intermediate court, international commercial arbitrage

72Morozov D.N. Commentaries on compilation of a practice on application of legislation on pledge

The article provides commentaries to compilation of practice concerning application of legislation on pledge by the Eighteenth arbitration appellate court. The author explains reasons for appealing to certain examples from court practice as well as shortly proves existent approaches in doctrine and court practice in relation to application of certain provisions of pledge legislation.

Keywords: pledge, pledge of another person’s property, reservation of a pledge right

80Elizarov D.V. Legal destiny of permanent improvements in an agreement on lease of real property

According to the clause 2 article 623 of the Civil code in case where the leaseholder has made the improvements in leased property, which are not separable without detriment to this property, at the expense of his own pecuniary means and with the consent of the lessor, the leaseholder shall have the right to the reimbursement of the value of these improvements after the termination of the agreement, unless otherwise stipulated by the lease agreement. The article provides analysis of problems concerning application of this article.

Keywords: lease, permanent improvements

87Karimov D.A., Gorbunov S.S. How avoid transformation of a right under the article 127 of the Customs code of the Russian Federation into obligation and at the same tine prevent commission of offence?

The author overviews different interpretations of the article 127 of the Customs code upon ascertainment of guilt of a legal entity for administrative violation provided by the clause 1 article 16 of the Code on administrative offences.

Keywords: declare goods, customs broker, declarant’s rights

93Lukyaniv V.A. On the beginning of the period of limitation for the imposition of administrative sanctions upon application of the part 4 article 4.5 of the Code on administrative offences

When there is a refusal to initiate criminal proceedings, or criminal proceedings are terminated but the occurrence of elements of an administrative offence in the actions of an individual, the terms, provided for by this article, shall be calculated starting from the date of rendering the decision about the refusal to initiate criminal proceedings or to terminate them. Herewith the cases are met in practice when decrees on termination of criminal cases are passed on repeated occasions within one criminal case. The article is devoted to an issue of procedure for calculation of the period of limitation for the imposition of administrative sanctions in such cases.

Keywords: limitation period, procedure for calculation

100Reshetnikova I.V. Procedural and organisational consequences of application of the article 18 of the Arbitration procedural code (permanence of judicial composition)

A case consideration of which has been started by one judge or composition of judges shall be considered the same judge or composition of judges under the clause 2 article 18 of the Arbitration procedural code. An issue as to what stages of proceeding a principle of immutability of the composition of a court is applied has appeared upon application of this provision.

Keywords: composition of a court, replacement of a judge