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судебная арбитражная практика  О проекте English: Law |
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Black holes Russian legislation: practice of arbitration courts. Download Russian Tax and Civil Code |
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суббота, 04 марта 2006 |
Black holes Russian legislation: practice of arbitration courts. Download Russian Tax and Civil Code
Reviews of judiciary practice of Russian arbitration courts. Judicial arbitration practice of Russia, Legal and tax Russian FORUM, download Russian code of law, Russian Civil code, Russian Tax code. Download any Russian Code. Evasion from taxes. News of arbitration practice, reviews of judiciary practice of arbitration courts! The Opportunity download any Russian code of Law.
Economic conflicts, tax schemes, unconscientiousness. Last tendencies of Russian arbitration practice: ways of evasion from payment of taxes, corporate wars. Russian legal forum and a tax forum: answers to complicated questions. Download judiciary practice. Download Russian Tax code of Law. Download Russian Civil code of Law. Also in section Download the Russian code it is possible free of charge Download texts: the Russian Labour code. The housing code of the Russian Federation. The ground code. To send sms.
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About the project Russian Judiciary practice
We make a Practice!
Control updating of reviews of judiciary practice every week on Tuesday. Simple updating daily.
To the lawyer, the bookkeeper, the head and the businessman, daily!
New judiciary practice. What decisions of arbitration courts protect the businessman? Dangerous directions of arbitration practice. Tracking of working tax schemes. Revealing of "bottlenecks" in legal work. Use of courts in economic conflicts, political decisions, unconscientiousness, corporate wars, otem and concealment of actives. Analytics and reviews of decisions of the Supreme court, the Constitutional court, the Maximum Arbitration court, and also federal arbitration courts of districts. Samples of contracts, statements of claim, judiciary practice. Laws, codes, reviews, instructions. Taxes and the taxation. Tax checks, tax inspection. Free-of-charge legal consultation. Daily updating of materials.
The actual review of judiciary practice of arbitration courts is on page "Judiciary practice"
Operating mode: In the working days on the main page "Judiciary practice" get daily 1-3 most important and interesting, new decisions of arbitration courts on civil and tax disputes (criteria of selection see below). Texts of a greater part of judicial certificates are published in section of "the Decision of Russian courts" where them it is possible download and to read. In this section judiciary practice which answers the questions set in " the Legal forum " gets also. As a rule on complicated questions of " the Legal forum " actual reviews also are written.
What is the project "Judiciary practice"?
It is the noncommercial project - analytics of judiciary practice of arbitration courts.
In what value of the project?
Subjects Russian economic get in courts for the several widespread reasons. First, there are disputed organizations, which consider what to have legal proceedings it correctly and it is necessary. Secondly, when there can not be a compromise. In the third, solving the problems (experts for acknowledgement of legitimacy of other actions, etc.).
It is represented, that the third case the most correct. The court is the body interpreting the right (especially in Russia), decisions of court are obligatory for all.
The analytics is based on decisions of the arbitration courts having a binding force. The legal approaches stated by arbitration courts are formed by the qualified judges, and therefore judiciary practice of arbitration courts is correct and valuable.
Why "Judiciary practice" of Russian arbitration courts?
Arbitration courts make of the decision on economic disputes. Each decision is destiny of significant money resources and property interests of the parties. That is in arbitration courts the price of a mistake has a monetary estimation and, as a rule, is great. Besides judiciary practice is under construction on uniformity. In conditions of arbitration system it plays a special role as the system of arbitration courts in 95 % is based on uniformity of arbitration practice. If one court has stated the certain legal position strong reasons are necessary that other court has stated an opposite position, as a rule not uniform practice try to avoid.
Russian Federal arbitration courts (districts FAS).
Special role in maintenance of uniformity of practice I play FAS (federal arbitration courts). This instance has the strict control over uniformity of practice (especially within the limits of one district, where contradictions againstness). Besides FAS publish the decisions in databases of help legal systems (the Adviser Plus, the Guarantor, the Code), therefore "needinoobrazie" (againstness) becomes obvious. Againstness experts is the basis for a cancelling of such judicial certificates in YOU, that "pulls" behind itself bad statistics and a bad estimation of activity of concrete court and its management.
Therefore in spite of the fact that the arbitration system till now quite often interprets the law on a miscellaneous, process of struggle for uniformity not a myth.
For this reason our content is done of decisions of federal arbitration courts, as stronghold of fair and lawful justice in the country
In what advantage for businessmen, heads, bookkeepers, lawyers?
During enterprise activity often it is necessary to solve: as all to make lawfully. On this question frequently at different lawyers and the state bodies different answers. And only the court finishs in this question when the situation all the same reaches a disputed phase. Therefore at decision-making it is necessary to be guided by legal approaches of courts. Qualification of judges of three instances as a rule considerably surpasses qualification of lawyers and officials, therefore the legal approach which has resisted in three instances: in the first, appeal and cassation most likely will be true. The legal approach of the Maximum Arbitration court, the Supreme Court and the Constitutional Court of the Russian Federation will be simply "not killed", correctly proved, including from the theoretical point of view.
How to use?
It is necessary to study practice of arbitration court of the district and to make out business-decision on the basis of arbitration practice of the district. Thus the nobility follows always to an expert of the Russian Maximum Arbitration court, the Russian Supreme Court and the Constitutional Court for an opportunity of change of arbitration practice of district court. When a situation not in your advantage it is necessary to consider, that in other arbitration courts (or in last instance) there can be other practice, that can form the basis for the reference in High instance (including in Russian High Arbitration Court) with the complaint or the application for a cancelling of the judicial certificate unprofitable to you as breaking uniformity of practice.
Proceeding from what the editorial policy is under construction?
In analytics "fresh", recently accepted decisions FAS get. Following decisions are analyzed:
1. Unevidently useful and unevidently harmful.
When at perusal of the law not always it is possible to see opportunity reductions of tax burden, reduction of charges, ways of the decision of a situation. Those judicial certificates in which schemes of tax optimization or other methods of creative work have resisted. Or when the usual business practice contradicts the judicial approach so the economic activities on a pattern bear in itself danger to which avoidance it is necessary to know legal positions of courts. The greatest priority has monitoring correct interpretation Russian tax law, therefore we analyze all decisions which give interpretation of questions at issue of the tax right, and in the tax right it is a lot of such questions. Supervision over interpretation of the tax laws is necessary to let to businessmen know and correctly to apply the tax right, competently and lawfully to conduct book keeping, to pay taxes.
2. Politically important.
When judicial certificates cause a public resonance, or serve as the indicator of good influence of this or that enterprise in judicial system. Or when judicial certificates reflect a state policy as a whole (case of YUKOS).
3. Obviously engaged or in what the court was used " in dark ".
Differently those judicial decisions, which could be (or were) are used for maintenance of personal interests of subjects with attempts of a deceit of court. Decisions in which obviously illegal tax schemes "have resisted". But in the given section a priority decisions of arbitration courts on civil cases in which businessmen initiate conflicts among themselves have the greatest priority. These are corporate disputes, merges and absorption (M*A), captures of property and the enterprises and concealment of actives. As a rule civil disputes with "use" of courts show competent use of "black holes" Russian legislation.
4. "Original" judicial certificates.
Obviously inconsistent approaches of federal arbitration courts of districts. Decisions containing illogical or original legal positions and conclusions. In arbitration courts it is not enough such judicial certificates, but they, unfortunately are. Therefore it is necessary to know about different approaches in different regions of the country and to consider it at acceptance business-decisions in concrete region.
Cooperation
The project "Judiciary practice" is opened. We call all for cooperation. If you have useful clauses or materials under new decisions passing on criteria editorial politics - ask to send for the publication. The form of sending appears after registration in the user menu: " To send news ". After viewing by edition your materials will be published on the main page, in section "Useful" - a category " Is directed by readers ", with the instruction, at will, to a name of the author and the reference to a site.
Mission of the project:
During conducting economic activities it is necessary to avoid mistakes at a stage of acceptance business-decisions. To prevent acceptance of erroneous, illegal, unprofitable decisions. It is necessary to know, that acceptance of any risk should be conscious and proved. To not suppose occurrence of disputed situations, to leave from such situation with use of all accessible legal means. To develop uniform understanding of the law. The project "Judiciary practice" is called to promote that the businessman, the head, the bookkeeper, the lawyer in any situation understood as to protect business and could represent what business-decision is: correct, lawful; what business-decision is illegal what responsibility will entail acceptance illegal business-decision; what the compromise, alternative variants, what benefits and risks such variants can be will entail.
Finally the project "Judiciary practice" has the purpose a supply with information of an establishment of legality, protection of interests of subjects of economic activities in the field of enterprise activity, tax and book keeping and mutual relations with the state bodies.
Yours faithfully, edition of the project.
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