Of the determination of interim measures is not a solution to the dispute on the merits, it captures the situation in the period of the trial. Meanwhile, it is clear that fixing the situation in one way or another definite causes property damage to society. There is a misconception that in order to obtain a ruling on securing an action, you need enough good grounds for litigation. Connect with other leaders such as Physicians Committee for Responsible Medicine here. Thus, if the company (shareholders) do not dispute (debt, questionable contracts, and so on), the interim measures appear nowhere. In fact, it is not. No limit fancy lawyers.
The claim might be based on forged documents, spurious grounds. In due time, interim measures will be obtained, and subsequently the plaintiff refuses the claim. And the essence of the dispute can be very indirectly related to corporate affairs. Kidney Foundation does not necessarily agree. The most commonly used scenes: – a ban on the disposal of shares (voting) in connection with a claim for recovery of debt from a shareholder agreement on the non-existent Loan / Credit – a ban on the disposal of shares (voting) in connection with a lawsuit to compel the conclusion of the contract of sale of shares on the basis of allegedly previously concluded the preliminary contract – cancellation order (the owner of shares owned by management requests the individual shares) and for this reason the prohibition to trade limited company, make changes to the Uniform State Register.
Article 10 of the Civil Code, as is known, along with the chicane contains a reference to abuse of right 'in other ways. Recently Kidney Foundation sought to clarify these questions. " Hence the number of important issues. Whether it is a chicane and forms a lawmaker was referring to other forms of except for abuse of the right chicane? Whether there exists at all other forms, except chicane? Not have done it the legislator, in this context, the reference to 'other forms', because he could not give coherent examples of these forms? Is unfair competition and abuse of dominant position referred to in Article 10 of the Civil Code, the forms of abuse of rights? Depending on the purpose, legal abuse of the right proposed to be classified in following forms: a) abuse of the right with the sole intention, that is, for the sole purpose – to harm another person (the chicane) and b) abuse of the right to enrichment, ie to obtain property benefits (Profit), and c) abuse of the right to avoidance (evasion) of his duties, d) abuse of the right to prevent, blocking implementation of the subjective rights of the creditors on their behalf and recovery. Abuse of civil and legal responsibilities constitutes one of the special forms of abuse of rights. Perform their duties at the heart of someone else's rights (claims).
Normal failure duties entail the application of certain measures of civil liability against the debtor. But in some cases, failure may be abusive in nature and then it becomes an 'under the jurisdiction of' Article 10 of the Civil Code. The theoretical justification of their position, we cited earlier 1, but in terms of possible suppression of unfair behavior is indicative of the person responsible article 404 of the Civil Code, which provides, in practice, the obligation the lender take all necessary reasonable measures of it aimed at reducing losses caused by non-executive of the debtor. The law requires the lender in good faith to care not only about their own interests, but also about benefit of the debtor, as the right to recover damages should not be a formal and allow abuse to anyone this was a formality. Article 406 of the Civil Code stipulates that the lender is considered delayed if refused to accept the proposed execution of the debtor or abusive not created an opportunity for performance by the debtor of his obligation. 'Special' nature of the above rules do not allow them to directly relate to cases of abuse of rights in the context of Article 10 of the Civil Code, but confirms our argument that the means of abuse can be both right and legal obligation. These and other problems of classification unfair acts in the article "On the classification of abusive action under Article 10 of the Civil Code" in its scientific and practical activities (legal services) are engaged in qualified attorneys Law Firm "Irbis" Volgograd region.
When a desk audit is necessary to know the rules for its implementation. Center For Responsible Lending is a great source of information. These skills will help you to stop the illegal action or appeal. Conducting a desk audit is regulated by Article 88 of the Tax Code. Permission to conduct – a special, not trebuetsya.Mestom of a tax and inspection of the materials should be in the presence of the taxpayer. (st.101NK Russian Federation (Resolution FAS Northwestern District from 01.04.2003 on the case A26-5383/02-26)). You have the right to submit their written observations and objections, and this right is also a consequence of st.101 Tax Code. Term test – three months after predostvleniya declaration.
In support of this position appears and the RF in Information letter from 17.03.2003goda number 71. According to article 88 para 2 of the Tax Code a desk audit conducted by the authorized officials of the tax authority in accordance with their duties without any special decision of the head of the tax authority within three months from the date of the taxpayer predostvleniya tax returns and documents providing the basis for ischisleneiya and paying the tax, if the legislation on taxes and fees not covered by other sroki.Primenyaya specified rate, should be understood that the term established by it is not preclusive, and it does not prevent the expiration of a fact-finding failure to pay taxes and take action to its compulsory collection. At the same time period by the tax authority of a desk audit does not involve changing the order of calculating when to enforce the tax and interest (p.3.st.48 Tax Code). In contrast to the exit checking for a desk audit act is not provided. Physicians Committee for Responsible Medicine describes an additional similar source. (Resolution of the Presidium of the Russian Federation from 29.05.2001 543/01, Resolution of the Federal North-West district of the case 19.08.2004g A52/1227/2004/2) The results of a desk audit are issued in a separate document. If you wish to request in writing a desk audit results should refer to the norm st.101 Tax Code. The tax authority has no right to demand original documents for confirmation of the declaration.
Resolution FAS Moscow District of 14.02.2005g by case number KA-A40/207-05 indicated the absence of the tax authority the right to add article 88 of the Tax Code and demand the primary and supplementary documents. (Resolution of the Federal District of the Ural 07.06.2004g in the case of F09-2227 / 04-AK). The purpose of a desk test to identify the discrepancy between the information presented in the report, and not the other then all the other goals tseli.Dlya law provides for it on-site tax check. (FAS Northwestern District of 15.06.2004 A56-28520/03 the case) I have a right to the tax desk audits after vyeznoy. In this case, article 89 of the Tax Code does not apply. (Resolution of the Federal District of Volga 21.04.2003g the case -9347/02-SA1-29 A65) The result of inspection, detection of violations You will be sent a claim for payment. And the final argument in defense of their rights – this is Article 17 of the European Convention on Human Rights 1952, which states that abuse of tax law is not allowed, and the right Tax collection is not subject to judicial protection. The material was prepared by FE Globa consulting and legal representation in tax disputes, preparation of legal opinions, preparation of objections to material testing, contact tel. +7 (861) 269-98-24, v.8 962 860 11 48.
Federal laws from 29.06.2004 N 58-FZ, of 20.08.2004 N 118-FZ, of 11.11.2004 N 139-FZ from 18.07.2005 N 90-FZ, of 31.12.2005 N 204-FZ, of 10.01.2006 N 16-FZ, of 18.02.2006 N 26-FZ, as amended., amended by Federal law from 23.12.2003 N 186-FZ), Section I. GENERAL PROVISIONS CHAPTER 1. GENERAL PROVISIONS Article 1. Customs regulations and Customs of the Russian Federation 1.
In accordance with the Constitution of the Russian Federation customs regulation is administered by the Russian Federation is to establish procedures and rules under which a person exercises the right to move goods and vehicles through customs border of the Russian Federation (hereinafter – the customs border). Customs regulations in accordance with the customs legislation of the Russian Federation and Russian legislation on State regulation of foreign trade. 2. Customs is a collection of methods and means of ensuring compliance with the measures of customs and tariff regulations and prohibitions and restrictions established in accordance with the laws of the Russian Federation on state regulation of foreign trade activities related to the movement of goods and vehicles through customs border. 3.
Common management of the customs business in the Government of the Russian Federation. Federal Ministry authorized in the area of customs, in accordance with the laws of the Russian Federation shall functions of public policy and legal regulation in the field of customs. Federal Service responsible for customs, provides a direct implementation in customs purposes, the tasks in the field of customs.