Moscow District Commercial Court Bulletin

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- Anniversary of the Moscow District Commercial Court
- Courts News
  
  News of Moscow District Courts
  
  Interview of the Issue
  
  V.V. Kress. The Moscow District Commercial Court Plays a Key Role in Shaping Stable Judicial Practice
  
  Analytics: 30^th Anniversary of the Moscow District Commercial Court
  
  N.A. Shurshalova. Uniform Practice Is a Result of the Daily Painstaking Work of Each Judge
  
  N.O. Okulova. Being a Judge Requires a Conscious Choice
  
  A.I. Strelnikov. A Judge Is a Special Title, the Right to Which Must Be Confirmed Every Day
  
  Analytics: The Role of the Court in Commercial Proceedings
  
  E.S. Smagina Practical Foresight, or The Growing Importance of Commercial Court Practice for the Development of the State’s Legal System
  
  The article discusses certain legal positions of arbitrazh (commercial) courts that are reflected in the legislation and guiding explanations of the Supreme Court of the Russian Federation. These are: the distinction between the jurisdiction of commercial courts and courts of general jurisdiction in corporate disputes, the independent collection of evidence by courts from publicly available sources, and the phased consideration of complex applications.
  
  Keywords: law enforcement, judicial practice, arbitrazh (commercial) courts, jurisdiction of courts, obtaining evidence, step-by-step consideration of cases
  
  DOI: 10.46279/ASMO.2025.81.38.001
  
  I.V. Reshetnikova The Role of Judicial Practice in the Development of Procedural Law and Science
  
  The article examines the importance of judicial practice and its influence on the development of arbitrazh (commercial) procedural law and the doctrine. The Supreme Court of the Russian Federation specifies regulatory provisions in the Plenary resolutions, considering specific cases, creating judicial presumptions in judicial practice. At the same time, when improving commercial procedural law, the practice of courts of first, appellate and cassation instances is taken into account. Recommendations of scientific and advisory councils of district commercial courts contribute to the uniform court practice in the relevant district. Judicial practice influences the development of procedural science, and a striking example here is the formation of the standard of proof in commercial proceedings.
  
  Keywords: judicial practice, arbitrazh (commercial) procedural law, procedural science, resolutions of the Plenum of the Supreme Court of the Russian Federation, scientific advisory councils, standard of proof, specification of regulatory provisions, interchangeability of judges
  
  DOI: 10.46279/ASMO.2025.32.20.002
  
  E.V. Mikhailova The Role of the Commercial Court in the Administration of Justice in the Economic Sphere: Problems and Ways to Overcome Them
  
  In this article, the role of the arbitration court in the consideration and resolution of civil cases within its competence is analyzed from the point of view of the legal nature of contentious substantive legal relations. The author differentiates legal relations arising in the sphere of entrepreneurial and other economic activities into private law and public law. Particular attention is paid to the problem of procedural features and the role of the arbitration court in the consideration of civil cases involving public entities. It is proposed to form a separate type of arbitration proceedings that accumulates special rules for the consideration of these cases, as well as to specify the rights and obligations of the arbitration court in these cases. The concept of “economic activity” is examined, and the inclusion of not only cases directly related to the implementation of entrepreneurial activity, but also cases arising from organizational and legal relations mediating entrepreneurial activity in the jurisdiction of the arbitration court is substantiated.
  
  Keywords: entrepreneurial activity; economic activity; private law relationship; public law relationship; legal status of the arbitration court; type of arbitration proceedings; public law entities; limitation period; prosecutor
  
  DOI: 10.46279/ASMO.2025.52.75.003
- P.P. Lang Economic Justice in Russia: Traditions and Prospects
  
  This article examines economic justice in Russia as a specialised mechanism for the judicial protection of the rights of economic entities. In particular, the author considers the essence of the economic justice, its normative consolidation in the system of arbitrazh (commercial) courts, its key principles (independence, adversarial proceedings, equality of the parties, effectiveness) and its role in shaping a predictable legal environment. Special attention is paid to current trends, including the digitisation of court proceedings, the introduction of alternative dispute resolution methods, and the harmonisation of national legislation with international standards. The institutional system of economic justice, including specialised courts and extrajudicial procedures, is analysed. Finally, the author presents prospects for the further development of commercial proceedings, taking into account the challenges of globalisation and technological progress.
  
  Keywords: arbitrazh (commercial) courts, judicial protection, economy, business disputes, digitisation of justice, e-justice, principles of commercial proceedings
  
  DOI: 10.46279/ASMO.2025.79.40.004
  
  V.P. Sorokin The Role of the Commercial Court in the Peaceful Settlement of Economic Disputes
  
  This article is devoted to the legal proceedings related to the conciliation. It examines the legal aspects of resolving an arbitrazh (commercial) dispute through a settlement agreement, as well as the procedural rules that facilitate the adoption of the relevant decision. The relevance of the issue lies in the need for effective resolution of economic disputes with the assistance of the arbitration court in conducting conciliation procedures and approving the settlement agreement.
  
  Keywords: conciliation procedures, classification of conciliation measures, legal aspects of resolving the issue, approval of the settlement agreement by the commercial court
  
  DOI: 10.46279/ASMO.2025.68.41.005
  
  Ye.G. Streltsova The Role of the Court in Determining the Composition and Amount of Legal Costs
  
  The issue of optimising the consideration of disputes related to determining the composition and amount of costs incurred in a case is discussed. It is argued that when managing a case, the court must take into account the normal functioning of the judicial system as an element of public administration and as part of a public resource available to society. At the same time, the court may not authorise (within the framework of preliminary consent) the performance of a procedural action, and the opposing party may raise objections regarding the amount of the estimated costs. In conclusion, a sequence of actions is proposed that would allow for obtaining procedurally significant information about the actual and planned costs of the case and prevent some of the disputes over the composition and amount of costs.
  
  Keywords: legal costs, court expenses, court powers, cooperation between parties, objectives of legal proceedings, public resource, disclosure of evidence, disclosure of procedurally relevant information, preliminary court sanction, predictability
  
  DOI: 10.46279/ASMO.2025.27.11.006
  
  O.A. Sukhorukova The Importance of a Judge’s Inner Conviction in the Age of Digitalisation, or Why Is Justice Impossible without People?
  
  A judge’s inner conviction is a multifaceted phenomenon that can be studied from different angles. This article presents a study of the main characteristics and properties of inner conviction as applied to determining its actual immanence in the administration of justice and in the context of developing ideas about the future need to replace judges with artificial intelligence when the technical capability to do so arises. The author opposes the idea of using artificial intelligence in any subjective capacity and offers her arguments and objections to the issues raised.
  
  Keywords: a judge’s inner conviction, justice, artificial intelligence, subjective legitimacy of a court decision, the right to be heard
  
  DOI: 10.46279/ASMO.2025.51.80.007
  
  S.A. Sinitsyn Regulation of Cryptocurrency as an Object of Legal Relations (A Related Subject of Civil and Financial Law): The Guiding Role of Judicial Practice
  
  The development of regulation not only in Russia but also in foreign and international law lags significantly behind economic reality. In fact, certain multifaceted property relations are developing outside of clear and adapted legal regulation with regard to investments, settlements and ownership of cryptocurrencies as special objects of civil and financial legal relations. The law still takes a wait-and-see approach in defining the contours of regulation. As a result, the task of legally identifying emerging complex economic relations is entrusted to law enforcement practice, which faces questions of determining the legal regimes of cryptocurrencies. The experience accumulated by the courts is a component in the formation of new legislative decisions and approaches.
  
  Keywords: cryptocurrency as property, cryptocurrency market, cryptocurrency as a means of payment and settlement, money and cryptocurrency
  
  DOI: 10.46279/ASMO.2025.74.84.008
- E.A. Nakhova General Elements of the Mechanism for Determining the Subject Matter of Proof
  
  The author reveals the mechanism for determining the subject matter of proof through a system of interacting elements, which are: legal qualification of the disputed substantive legal relationship; structure of substantive law norms; concretisation as a form of judicial discretion; exercise of procedural powers of the court; judicial cognition of the claims and objections of the parties involved in the case; identification of the sequence of stages in determining the subject matter of evidence; establishment of general and specific rules for determining the subject matter of evidence. These elements also involve identifying the factual composition of the legal relationship, taking into account its dynamics, as well as errors in determining the factual composition. The article examines the stages of determining the subject matter of evidence. The author concludes that the mechanism under study includes general and specific rules for determining the subject matter of evidence. It is also concluded that the concept of the subject matter of evidence is related to the theory of action. Depending on the classification of actions according to procedural and legal criteria, the court examines a different set of legal facts. In litigation, the factual basis of the claim, depending on the type of norm, is contained either in the hypothesis and disposition of the legal norm, or only in its disposition. The factual circumstances (subject matter of the case) to be established by the court and constituting a condition for the application of the norm form the factual basis of the claim (circumstances confirming the plaintiff’s claim).
  
  Keywords: civil proceedings, law enforcement, subject matter of evidence, mechanism for determining the subject matter of evidence
  
  DOI: 10.46279/ASMO.2025.50.81.009
  
  A.A. Solovyov The Role of the Court in Civil Proceedings in the French Republic: Main Areas of Legal Regulation
  
  This article is devoted to legal regulation of the role of the court in civil proceedings under the Civil Procedure Code and the Commercial Code of the French Republic. It examines the basic provisions relating to the issues under consideration in both general and special proceedings. Particular attention is paid to the specific features of the legal regulation of the role of the court in the consideration of economic disputes falling within the jurisdiction of commercial courts.
  
  Keywords: foreign experience, role of the court, French Republic, civil procedure, Civil Procedure Code, Commercial Code
  
  DOI: 10.46279/ASMO.2025.57.76.010
  
  I.B. Kunizhev Electronic Archives in Commercial Courts: Problems and Solutions
  
  The article discusses the key issues related to the implementation and operation of electronic archives in the arbitrazh (commercial) courts of the Russian Federation. The study covers the regulatory, technical and organizational aspects of digital archival storage in the judicial system, identifying existing barriers and risks. The analysis of existing information platforms, regulatory framework and practice of archive management is carried out. The necessity of systemic reform of the electronic archive model is substantiated, including the development of cloud infrastructure, improvement of legal regulation, unification of software solutions and personnel training.
  
  Keywords: electronic archive, commercial court, judicial record keeping, digitalization, GAS “Justice”, archival storage
  
  DOI: 10.46279/ASMO.2025.84.96.011
  
  V.Z. Uddina Presumptions in Insolvency Law
  
  The author considers presumptions in insolvency law as a legal and technical tool. Their characteristics (probability and refutability, normative formalisation, mechanism of legal enforcement, regulatory and protective functions) are defined, and a distinction is made between factual assumptions, legal axioms and principles. The absence of absolutely irrefutable presumptions is emphasised. Examples from the 2024 Review of the Practice of the Supreme Court of the Russian Federation are used to demonstrate the axiomatisation of approaches to the subordination of affiliated creditors’ claims, the contesting of transactions, intra-group financing and the bankruptcy of foreign debtors with close ties to the Russian Federation. The philosophical, theoretical and sectoral frameworks for analysis are outlined, as well as the importance of presumptions for filling gaps in evidence and the predictability of procedures.
  
  Keywords: presumptions in insolvency (bankruptcy), factual presumptions (general legal assumptions), legal presumptions, legal axioms, principles of bankruptcy, legal technique, challenging debtor transactions, subordination of affiliated creditors’ claims, intra-group financing, foreign debtor, analogy of law and justice, predictability and fairness of procedures
  
  DOI: 10.46279/ASMO.2025.26.53.012
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Everyone involved in entrepreneurial activities needs to fully grasp the rules of the game. Everyone needs to know the rights they are entitled to and feel sure these rights are guaranteed to be defended.