Practical arbitration process MPEI
Replenishment date: 02.01.2013
Content: 30102142700833.rar (13.11 KB)
️Automatic issue of goods ✔️
️Automatic issue of goods ✔️
Sales:
2
Refunds:
0
Reviews:
0
Views:
110
Description
Situation 1.
The State Tax Inspectorate for Shpakovsky District applied to the Stavropol Regional Arbitration Court with a claim to recover from the entrepreneur Glotova A.The. a fine in the amount of RUB 7157000 for violation of the requirements of the Federal Law of the Russian Federation "On the use of cash registers in the implementation of settlements with the population." After the case was accepted for proceedings, the certificate of state registration of A. Glotova expired. as an entrepreneur. What should the court do in this case?
Situation 2.
The prosecutor of the Yamal-Nenets Autonomous Okrug, in defense of state and public interests, applied to the Supreme Arbitration Court of the Udmurt Republic, with a claim to recover from the state geological enterprise for oil and gas exploration "Udmurtgeologia" 207589543 rubles. damage caused by unauthorized seizure of agricultural land. By a court ruling, the application was denied. The refusal is motivated by the fact that in accordance with Art. 41 of the APC RF, only the prosecutor of the Udmurt Republic or his deputy could file a claim with the Supreme Arbitration Court of the Udmurt Republic, since the prosecutor of another constituent entity of the Russian Federation was not granted such a right. Is this definition legal?
Situation 3.
The Prosecutor of the Vitebsk Region of the Republic of Belarus filed a claim with the Arbitration Court of St. Petersburg and the Leningrad Region to recover the debt for the delivered products from AOZT "Spline-94". What should the Arbitration Court of St. Petersburg and the Leningrad Region do in this case?
Situation 4.
JSC "Taimyr" applied to the arbitration court with a claim against the citizen-entrepreneur for the recovery of 16346 826 rubles. In the statement of claim, the plaintiff asked to secure the claim by seizing money that the defendant keeps in cash in a commercial bank in a special depository, and not in his accounts. Is the arbitration court entitled in this case to secure the claim?
Situation 5.
The plaintiff, after filing a claim, increased the amount of the claim, but did not pay the state fee in the relevant part. Is the court entitled in this case to return the statement of claim to the plaintiff?
Situation 6.
Monitor LLP filed an application with the Arbitration Court of the Arkhangelsk Region to declare it insolvent (bankrupt).
At the same time, the debtor filed a petition for a postponement of the payment of the state fee. By a court ruling, the petition was denied with reference to the failure to provide evidence of the debtor's use of borrowed funds or the sale of a part of the property to pay the state duty. In this regard, the debtor's application was returned without consideration.
In addition, the court's ruling indicated the need to provide guarantees that the debtor has the means to conduct bankruptcy proceedings, without which it is impossible to issue a ruling on the exclusion of the enterprise from the state register.
Did the court do the right thing?
Situation 7.
Vostok, a specialized privatization investment fund, filed a lawsuit against Kyshtym Machine Building Plant OJSC to terminate the purchase and sale agreement of OJSC Chelyabinsk Road Machinery Plant named after Kolyuschenko ". What can be the subject of proof in the arbitration court in this case, or what circumstance must be established to resolve the dispute?
Situation 8.
The arbitration court satisfied the claims of the joint-stock company for the partial recovery from the defendant of the debt for payment for the delivered products and a penalty for late payment on the day of the claim.
The decision was left unchanged by the decision of the appellate instance.
In the cassation appeal, the plaintiff asked to change the decision and ruling of the arbitration court and to recover from the defendant the arrears in payment for the products in full and fines - until the day the case was considered in the court of first instance. What should a federal arbitration court do?
Situation 9.
According to Part 2 of Art. 25 of the Arbitration Procedure Code of the Russian Federation, a claim against a legal entity arising from activities
The State Tax Inspectorate for Shpakovsky District applied to the Stavropol Regional Arbitration Court with a claim to recover from the entrepreneur Glotova A.The. a fine in the amount of RUB 7157000 for violation of the requirements of the Federal Law of the Russian Federation "On the use of cash registers in the implementation of settlements with the population." After the case was accepted for proceedings, the certificate of state registration of A. Glotova expired. as an entrepreneur. What should the court do in this case?
Situation 2.
The prosecutor of the Yamal-Nenets Autonomous Okrug, in defense of state and public interests, applied to the Supreme Arbitration Court of the Udmurt Republic, with a claim to recover from the state geological enterprise for oil and gas exploration "Udmurtgeologia" 207589543 rubles. damage caused by unauthorized seizure of agricultural land. By a court ruling, the application was denied. The refusal is motivated by the fact that in accordance with Art. 41 of the APC RF, only the prosecutor of the Udmurt Republic or his deputy could file a claim with the Supreme Arbitration Court of the Udmurt Republic, since the prosecutor of another constituent entity of the Russian Federation was not granted such a right. Is this definition legal?
Situation 3.
The Prosecutor of the Vitebsk Region of the Republic of Belarus filed a claim with the Arbitration Court of St. Petersburg and the Leningrad Region to recover the debt for the delivered products from AOZT "Spline-94". What should the Arbitration Court of St. Petersburg and the Leningrad Region do in this case?
Situation 4.
JSC "Taimyr" applied to the arbitration court with a claim against the citizen-entrepreneur for the recovery of 16346 826 rubles. In the statement of claim, the plaintiff asked to secure the claim by seizing money that the defendant keeps in cash in a commercial bank in a special depository, and not in his accounts. Is the arbitration court entitled in this case to secure the claim?
Situation 5.
The plaintiff, after filing a claim, increased the amount of the claim, but did not pay the state fee in the relevant part. Is the court entitled in this case to return the statement of claim to the plaintiff?
Situation 6.
Monitor LLP filed an application with the Arbitration Court of the Arkhangelsk Region to declare it insolvent (bankrupt).
At the same time, the debtor filed a petition for a postponement of the payment of the state fee. By a court ruling, the petition was denied with reference to the failure to provide evidence of the debtor's use of borrowed funds or the sale of a part of the property to pay the state duty. In this regard, the debtor's application was returned without consideration.
In addition, the court's ruling indicated the need to provide guarantees that the debtor has the means to conduct bankruptcy proceedings, without which it is impossible to issue a ruling on the exclusion of the enterprise from the state register.
Did the court do the right thing?
Situation 7.
Vostok, a specialized privatization investment fund, filed a lawsuit against Kyshtym Machine Building Plant OJSC to terminate the purchase and sale agreement of OJSC Chelyabinsk Road Machinery Plant named after Kolyuschenko ". What can be the subject of proof in the arbitration court in this case, or what circumstance must be established to resolve the dispute?
Situation 8.
The arbitration court satisfied the claims of the joint-stock company for the partial recovery from the defendant of the debt for payment for the delivered products and a penalty for late payment on the day of the claim.
The decision was left unchanged by the decision of the appellate instance.
In the cassation appeal, the plaintiff asked to change the decision and ruling of the arbitration court and to recover from the defendant the arrears in payment for the products in full and fines - until the day the case was considered in the court of first instance. What should a federal arbitration court do?
Situation 9.
According to Part 2 of Art. 25 of the Arbitration Procedure Code of the Russian Federation, a claim against a legal entity arising from activities