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Legal presumptions as means of overcoming legal gaps

Lawyer of YUST Law Firm Dmitry Zabrodin prepared an article “Legal presumptions as means of overcoming legal gaps” for “Problems of Russian Legislation” magazine. The purpose of this research is to examine the potential of legal presumptions to be independent and efficient means of overcoming legal gaps. The author sees the significance of this issue in the fact that sometimes legal gaps are not that obvious. Moreover, formal application of legislation allows to state that a gap is absent in a certain case. However, this formal approach may hide a layer of relations, the specific features of which was not taken into account by the law-makers. These gaps may in fact be overcome in the course of law enforcement practice by using legal presumptions, explicitly or implicitly provided by law.

Party was mistaken at the time of signing a settlement agreement

The Supreme Court of Russia allowed to review the decision on a settlement agreement between the parties upon newly discovered evidence if at the time of entering into it material misrepresentation took place. Therefore, an algorithm has been formed to appeal against a judicial act that already entered into force. Lawyer of YUST Law Firm Dmitry Malbin prepared an article for “Corporate Lawyer” magazine, in which he clarified whether it is possible to review a case upon newly discovered evidence... Read more

European Lawyer Reference: tax disputes

Thomson Reuters has released the first edition of resolving tax disputes (series European Lawyer Reference).

Guarantee of Bank lending

Lawyer of the Law firm «YUST» Alexey Sidorov - for Banking review magazine.

The judges added on their explanations

An article by specialists of the Law Firm "YUST": - Senior Partner, Advocate, Doctor-at-Law Artem Kukin and Advocate Vasily Raudin – on the Resolution No. 56 “On making amendments and additions to the resolution No. 63 “On certain matters related to the application of Chapter III.1 of the Federal Law “On insolvency (bankruptcy)”” by the Plenum of the Higher Court of Arbitration of Russia dated 23.12.2010” by the Plenum of the Higher Court of Arbitration of Russia dated 02.07.2013 was published in the “Corporate Lawyer: practicum” magazine.

Scientific and practical commentary to the Code of lawyer's professional ethics. Second edition

Second edition, revised and enlarged. Author of the book, managing partner of the law firm «YUST», the first Vice-President of the Federal chamber of lawyers of the Russian Federation, doctor of legal Sciences Yury Pilipenko.

Monopoly crooks

Managing partner of the Law firm «YUST» Yury Pilipenko - portal

Interests of the business. How business can protect its interests during the consideration of disputes in the WTO

Since August 22 of 2012, Russia is a full member of the World Trade Organization. Our country now is a party to numerous agreements within the WTO framework and has a wide scope of rights and duties in the sphere of international commerce. In this connection, the business representatives grow increasingly more interested in the mechanism of resolution of international disputes within the united commercial space and in its operation. Whether or not they have any chance of influencing the process, one may learn from the article “Interests of the business” by Evgeny Zhilin, Associated Partner of the Law Firm "YUST", and Gulnaz Ismagilova, undergraduate of the MGIMO of MFA of Russia (New Advocate’s Newspaper, No. 7, 2013).

Expansion of the creditors’ claims list. How to counter the abuses by interested persons

An article by lawyers of the Law Firm "YUST" – Partner, Advocate Artem Kukin and Vasiliy Raudin – on topical problems of bankruptcy was published in the issue No. 3/2013 of the “Arbitration Practice” magazine.

Collective insurance of borrowers. Antitrust context

After the crisis of 2008 banks and insurance companies started suggesting new services to clients. For example, when the borrower takes a loan, he may pay separately for life and health insurance. However, the banks at times abuse their rights, and antitrust authorities oppose such forcing services on the consumer. Andrey Astanin, Lawyer of the Law Firm "YUST", tells in the “Competition and Law” magazine, No. 1 of 2013, how the FAS and the HCA of Russia suggest resolving such problems.