of January 25, 2013 No. 13
About entering of amendments into the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of November 17, 2011 No. 73 "About single questions of practice of application of rules of the Civil code of the Russian Federation about the lease agreement"
Due to the questions arising in court practice for the purpose of ensuring uniform approaches to their permission the Plenum of the Supreme Arbitration Court of the Russian Federation based on article 13 of the Federal constitutional Law "About Arbitration Courts in the Russian Federation" decides to add the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of 17.11.2011 No. 73 "About single questions of practice of application of rules of the Civil code of the Russian Federation about the lease agreement":
1) Items 4.1 - 4.5 following of content:
"4.1. Applying parts 9 - the 11th Article 17.1 of the Competition act, courts should consider the following.
Owing to part 9 of Article 17.1 of the Competition act after the term of the lease agreement of the state-owned or municipal property concluded according to the procedure, provided by parts 1 or 3 of this Article, the conclusion of the contract with the former lessee for new term without tendering is possible if other is not established by the agreement and the duration of the agreement is not limited to the legislation of the Russian Federation.
If the legislation of the Russian Federation establishes the maximum term for which the lease agreement can be signed, it is estimated from the date of the conclusion (article 433 Civil Code of the Russian Federation) of the lease agreement with this lessee (or his right predecessor) at the biddings. As after such term tendering for the conclusion of the new lease agreement is obligatory, courts should be guided by the explanations containing in Items 1 - 4 presents of the resolution.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.
In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.
You also may open the section Frequently asked questions. This section provides answers to questions set by users.