Describe the participation of state (2008)

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Description

Task 1.

Describe the participation of public authorities, local self-government in the protection of the rights of others.

Task 2.

Give the concept of jurisdiction. Open the main categories of cases within the jurisdiction of the arbitration courts.

Problem number 1

The Department of State and Municipal Property of Moscow appealed to the Moscow Arbitration Court with a lawsuit against the Ministry of Property Relations of the Russian Federation to oblige the defendant to transfer to the state ownership of the Moscow non-residential premises in the building located at: Ul. Seleznevskaya, d. 11 and p. 2. The statement of claim the plaintiff stated that the transfer of disputed uninhabited premises of federal property to state ownership of Moscow is provided by the RF Government. However, the defendant failed to fulfill these obligations.
The arbitration court of first instance the claim was satisfied.
The defendant appealed to the appellate complaint, which states that the proceedings should be discontinued in connection with the immunity waived the dispute to the Arbitration Court of Moscow. Since the dispute arose between the Russian Federation and the subjects of the Russian Federation, it should be referred to the competence of the Supreme Arbitration Court of the Russian Federation.
How should the question of jurisdiction is resolved by the appellate court? Whether the proceedings be terminated in connection with the affairs of their immunity waived?

Problem number 2

JSC "Mighty Handful", being a shareholder of JSC "Sdelaysammash" appealed to the arbitration court in this joint-stock company, the registrar of JSC "Sdelaysammash" - JSC "Register-wheel" and the organization acting as the sole executive body of JSC "Sdelaysammash" - "Sdelaysam Holding" to invalidate the decision of the general meeting of shareholders, which exerts services registrar.
JSC "Sdelaysammash" and LLC "Sdelaysam Holding" JSC was assigned the "Register-wheel" conducting business on their behalf. The plaintiff objected to the recognition of the authority of JSC "Registry-wheel" as a representative of JSC and LLC. In support of its objection, he pointed out that, firstly, JSC "Reestr¬ wheel" is a legal entity, and the arbitration proceedings within the meaning of representative can only be a natural person, secondly, JSC "Reestr¬-wheel" is not and It may be a lawyer, a staff employee or supervisor of their clients.
Prepare a written reasoned decision on the request of the plaintiff.

Problem number 3

After four days of the court hearing the defendant submitted to the Arbitration Court notes on the trial record. The defendant pointed out that the protocol was conducted assistant arbitrator under the control of the presiding; in the protocol had not been paid in full explanations of the parties, expressed in the hearing; witnesses warned about responsibility, not married in the report, and on a separate form; in the report does not contain information about all the petitions, the respondent claimed, but rejected by the arbitral tribunal; the protocol signed by the chairman of the day after the hearing.
The judge returned to the respondent without considering the comments, explaining that they were filed out of time. Evaluate the situation.

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