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IC MARKETS

Discussion in 'Scam Alerts' started by Vanessa.P, Feb 11, 2019.

  1. 4evermaat

    4evermaat 2nd Lieutenant

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    Good luck with that :rolleyes: .

    Not sure how long that would take. But assuming that you can find a Russian lawyer willing to complete this entire procedure, does Russian court judgement have any affect in Australia, New York, or London?
     
  2. Gabdrakhmanov

    Gabdrakhmanov Recruit

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    In addition, there are other problems in that case. The position of the Central Bank of Russia: these legal relationships are not
    regulated by the Consumer Protection Act of Russia no 2300-1 of 07 February 1992.

    If money is invested in bussiness, then that is not a consumer relationship.

    Within the Act, the money must be spent on personal or family purposes (see preamble of the Consumer Protection Act of Russia no 2300-1 of 07 February 1992). Also a consumer must be a citizen of Russia (see preamble of the Consumer Protection Act of Russia no 2300-1 of 07 February 1992). But there is the reservation in article 62 of the Constitution of the Russian Federation, under which foreign citizens and Russian citizens have equal rights.

    Now I am looking at the International treaties ratified by Russia.

    If the server is located within the Russian jurisdiction then the next step will be:

    1. Drawing up a complaint to the Federal Service for Supervision of Consumer Protection and Welfare of the Russian Federation.

    That Federal Service checks companies which provide service within the Consumer Protection Act of Russia no 2300-1 of 07 February 1992 (see paragraph 5.9 of the decision of the Russian Government no 322 of 30 June 2004).

    2 A decision of the Federal Service for Supervision of Consumer Protection and Welfare of the Russian Federation can be used as evidence in a foreign Court (see paragraph A of article 1 of the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Document of 05 October 1961).

    The Convention entered into force in Russia on 31 May 1992.
     
  3. Gabdrakhmanov

    Gabdrakhmanov Recruit

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    With regard to the International Private Law, these legal relationships are regulated to article 1212 of the Russian Civil Code:

    The choice of the law to be applied to a contract, one side of which is an individual person using, purchasing, ordering or intending to use, to purchase, to order
    movable things (works or services) for personal, household, family or other purposes, unrelated to business activity; cannot entail the deprivation of such individual person (consumer) of the protection his (her) rights granted by mandatory rules of country's law of a consumer's residence, if a consumer's counterparty (a professional side) operates its activity in a country of a consumer's residence or focuses its activity on a territory of that country or territories of several countries by any means, including a territory of a country of a consumer's residence, with the provision that a contract is related to such activity of the professional side.
     
  4. 4evermaat

    4evermaat 2nd Lieutenant

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    I highly doubt you would be able to obtain the judgement in Russian court against Australian company.

    But let's suppose that you are able to accomplish this (e.g. win some fraud judgement against IC Markets Au in a Russian court). How would you actually enforce the Russian judgement against Australian company?

    I think you are looking too hard for some legal technicality on paper instead of the pragmatism of these actions so that the OP could reasonably obtain real justice. In other words, this strategy would create a lot of paperwork and busywork for the OP's legal team, but not yield any practical results in the real world.

    Preach on brother.
     
  5. oscarra

    oscarra 2nd Lieutenant

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  6. Gabdrakhmanov

    Gabdrakhmanov Recruit

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    A legal norm consists of a hypothesis, a disposition and a sanction. The hypothesis is a provision for application of a legal norm. The disposition is rules of conduct containing rights and obligations. The sanction is legal consequences of compliance or non-compliance of a legal norm.

    The structure of a hypothesis can be simple
    (one mandatory condition is needed for action of a legal norm), complex (two or more conditions are needed for action of a legal norm), alternative (one of two or more conditions is sufficient for action of a legal norm).

    The structure of a disposition also can be simple, complex and alternative.

    Thus, the legal norm of the article 1212 of the Russian Civil Code consists the simple disposition containing the right of a customer for application the Law of own country - the Consumer Protection Act no 2300 of 07 February 1992, under the following conditions:

    1. A consumer's counterparty operates an activity in a country where a consumer resides.
    2. Or a consumer's counterparty focuses its activity on a territory where a consumer resides by any means.
    3. Or a consumer's counterparty focuses its activity on territories of several countries, including a territory where a consumer resides, with the provision that a contract is related to such activity of the professional side.

    My position: from a literal intepretation of the alternative hypothesis of the article 1212 of the Russian Civil Code, in the system analysis with the paragraph 3 of the article 62 of the Russian Constitution (foreign citizens and citizens of Russia are equal in their rights within the jurisdiction of Russia), follows that foreign citizens have the right to demand of the protection of their rights protected by the Consumer Protection Act no 2300 of 07 February1992 if:

    1. A company, that provides services to costumers, focuses its activity on the territory of Russia and a territory of a country where a costumer resides (on territories of several countries).

    2. A contract between a costumer and a company is related to such activity of the professional side.
     
  7. Gabdrakhmanov

    Gabdrakhmanov Recruit

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    If a court will aply the Consumer Protection Act to that legal relationship then:

    1. The proof of focusing of its activity on the territory of Russia will be the domain name in the RU domain zone (company is an owner of several websites in the RU and COM domain zones).

    2. The proof of focusing of its activity on the territory, where consumer resides, will be agreement between consumer and professional side.

    That will be a good judicial precedent perhaps.
     
  8. Gabdrakhmanov

    Gabdrakhmanov Recruit

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    Oscarra I like 5 paragraph
     
  9. oscarra

    oscarra 2nd Lieutenant

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  10. Gabdrakhmanov

    Gabdrakhmanov Recruit

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    It was a typo. Number 5 and number 6 are located near. I like next paragraph and I wanted to say only an Australian lawyer knows what to do.
     

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