Legislation overviews

The State is ready for a wave of bankruptcies - “Simplifiers” of 2009 tax declarations will be checked out
 
Bankruptcy or rehabilitation? - The rouble crossed the border - Declaring immovable property - The price of life saving
 
Last week, the Supreme Arbitration Court of the Russian Federation published Plenum Rulings regulating difficult questions of bankruptcy proceedings. The rulings were called forth by substantian amendments made over the past year to Federal Law 127-FZ “On Bankruptcy” dd. October 26, 2002.
 
The Supreme Arbitration Court elucidated in a statement: the fact of a suit challenging the contract should not automatically entail the suspension of proceedings on recovery of debt pertaining to the contract or the suspension of execution of a judicial act. The SAC published the Plenum Ruling #57 dd. July 23, 2009, “On certain procedural questions of consideration of cases involving non-fulfillment or incorrect fulfillment of contract obligations”. Arbitration courts can be governed by this Ruling until October 21, 2009, when amendments will come into force to the Arbitration Procedure Code of the Russian Fedeation (see Federal Law 205-FZ of July 19, 2009).
 
The Supreme Arbitration Court of the Russian Federation published the Plenum Ruling #54 dd. July 23, 2009 “On certain questions arisen at arbitration courts while considering cases related to collection of the land tax.” This elucidation given to arbitration courts is of current interest now, when the number of disputes over the correctness of land taxing has been rising.
 
The Supreme Arbitration Court released the informational letter “On certain questions of application by arbitration judges of Articles 20 and 28 of the Federal Law On state registration of immovable property rights and transactions” #132 of July 21, 2009. The letter regulates the procedure of consideration by arbitration courts of disputes over the recognition of property rights and the establishment of other proprietary rights and obligations subject to registration (pledge, servitude, trust management, etc.).
 
On July 23, 2009, Presidium of the Supreme Arbitration Court of the Russian Federation will consider the draft informational letter “On certain questions in connection with the entering into force of the Federal Law On peculiarities of alienation of estate property owned by the constituents of the Russian Federation or by municipalities and taken on lease by small and medium businesses and on amendments to certain legislative acts of the Russian Federation.”
 
On July 20, 2009, Russian President signed the law “On amendments to the Federal Law On Mortgage”. The bill will come into force ten days after its official publication in Rossiyskaya Gazeta or The Code of Laws of the Russian Federation.
 
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