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Decree of Plenum of Supreme Arbitrazh Court on Certain Questions of the Practice of the Consideration of Disputes Connected with the Application of Article 169 of the Civil Code of the Russian Federation, No. 22 - Russia and the Republics Legal Materials - Second Series
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Originally from Russia and the Republics Legal Materials - Second Series
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EDITOR’S NOTE
[The Supreme Arbitrazh Court of the Russian Federation was abolished by the Federal Constitutional Law of the Russian Federation on an amendment to the Constitution of the Russian Federation of 5 February 2014, No. 2 ФКЗ. Explanations with regard to judicial practice of that Court concerning the application of laws and other normative legal acts by arbitrazh courts issued by the Plenum of the Supreme Arbitrazh Court remained in force until the Plenum of the Supreme Court of the Russian Federation adopted respective decision (Article 3(1), Federal Constitutional Law of 4 June 2014, No. 8 ФКЗ. Article 169 of the Civil Code, moreover, was amended on 7 May 2013 with effect from 1 September 2013.
By Decree of the Plenum of the Supreme Court of the Russian Federation adopted 23 June 2015, No. 25, the present Decree is not subject to application (point 133). See the “Decree on the Application by Courts of Certain Provisions of Part One, Section I, of the Civil Code of the Russian Federation” – WEB]
In connection with questions which have arisen in judicial practice connected with the application of Article 169 of the Civil Code of the Russian Federation and with a view to ensuring uniform approaches to the settlement thereof, the Plenum of the Supreme Arbitrazh Court of the Russian Federation on the basis of Article 13 of the Federal Constitutional Law “On Arbitrazh Courts in the Russian Federation” decrees to give arbitrazh courts (hereinafter: courts) the following explanations:
William E. Butler, Emeritus Professor of Comparative Law in the University of London, attached to University College London, is the John Edward Fowler Distinguished Professor of Law at the Dickinson School of Law, Pennsylvania State University, and Founder and Director of The Vinogradoff Institute.
An authority on the legal systems of Russia and former Soviet nations, he is the author, co-author, editor or translator of more than 3,500 books and articles on Russian, Soviet, Kazakhstan, Ukrainian, Uzbekistan, and other Commonwealth of Independent States legal systems. He has acted as Counsel to the EBRD, European Union, World Bank, United Nations, and Department for International Development of the United Kingdom on individual law reform projects.
The recipient of numerous honors for his service to Russian and international law, Professor Butler is Academician of the National Academy of Sciences of Ukraine and the Russian Academy of Natural Sciences, Associate of the International Academy of Comparative Law, and Member of the Russian Academy of Legal Sciences. He has been elected to his fourth term as a member of the Russian International Court of Commercial Arbitration. In 2003 Professor Butler was awarded the G. I. Tunkin Medal by the Russian International Law Association.
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