Constitutional Court Federal

Posted by Ralf on December 14th, 2011 — Posted in News

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Back in August 2007, the Ministry of Economic Development and Trade of the Russian Federation has prepared a draft Federal Law "On Amendments to the Civil Code of the Russian Federation and Federal Law" On Joint Stock Companies "," which in particular, has struggled to provide for the establishment of irreducible penalty for violation of shareholders' agreements, through the introduction of Art. 333 Civil Code changes, however, this initiative was not support not only from legislators but also to the Council under the President of the Russian Federation on Codification and improvement of the civil law, which the Council had been issued a negative opinion on this provision of the draft law 1. Later, when preparing the draft Federal Law "On Amending the Federal Law" On Joint Stock Companies "and Article 30 of the Federal Law" On Securities Market "," the authors Bill again was an attempt to change the rules of art. 333 Civil Code, however, and it failed. First of all, the idea of establishing irreducible penalty for breach of shareholder agreements was not supported due to legal position of the Constitutional Court of Russia, which believes that reducing the penalty amount, which does not correspond to actual damages, is not right and the duty of the court, as the court intended to to strike a balance between the offender used a measure of responsibility and evaluation of the actual, not potential, size of the damage caused by the specific offense, and the possibility of reducing court penalty is one of the methods provided for in the law that are directed against the abuse of the right freely to determine the penalty amount, that is essentially to implement the requirements of Part 3. .

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