Granting the Land Plots for Maintaining a Farm: New Approaches

2016 ◽  
Vol 4 (1) ◽  
pp. 0-0
Author(s):  
Валентина Устюкова ◽  
Valyentina Ustyukova
Keyword(s):  
Russian Federation ◽  
Agricultural Land ◽  
Civil Law ◽  
New Approaches ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Land Code

The article is devoted to the previously called ambiguous interpretation of doctrine and judicial practice: how should land for farming be provided — in the auction, or no auction. The changes to the Land Code of the Russian Federation in the summer of 2014 are analyzed, and their assessment is given by the author. The article of the Land Code, admitting, unlike civil law, only one form of auction — auctions is criticized. In particular, in relation to agricultural land the most appropriate form of trading would have been a competition. The author concludes that the farmers, as before, will receive plots of land mainly from auction, despite the presence in the Land Code of the provisions on allocation of land plots without bidding.

scholarly journals The Russian Federation as a subject of defamatory civil law relations during the formation of the digital economy

2021 ◽  
Vol 106 ◽  
pp. 02002
Author(s):  
Alexey Telnov
Keyword(s):  
Civil Rights ◽  
Public Relations ◽  
Russian Federation ◽  
Civil Law ◽  
Legal Doctrine ◽  
Judicial Practice ◽  
Russian State ◽  
Material Goods ◽  
The Subject ◽  
The Russian Federation

The subject of the study of this article is public relations associated with the dissemination of untrue, defamatory information (defamation) with respect to the Russian state, concerning various spheres of its activities, as well as the relevant norms of Russian civil law, the norms of international law governing non-material goods, personal non-property rights of the Russian Federation, as an independent participant of civil legal relations, the provisions of the legal doctrine and judicial practice concerning the relevant objects of civil rights (reputation, business reputation).

On the issue of re-qualification of a civil contract in the labor contract

2021 ◽  
Author(s):  
N.N. Sokolenko ◽  
J.G. Agarkova
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Labor Contracts ◽  
Employment Contract ◽  
Labor Contract ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Civil Contract ◽  
The Relationship

The article examines the relationship between the concepts of “employment contract” and “transaction” on the basis of various opinions of scientists and judicial practice, as well as analyzes the legislation of the Russian Federation in the field of determining the powers of tax inspections in relation to the re-qualification of civil law contracts into labor contracts.

Application of civil law in the regulation of labour relations

2021 ◽  
pp. 748-755
Author(s):  
A.V. Mayfat ◽  
M.A. Zhiltsov
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Civil Law ◽  
Labor Law ◽  
Civil Code ◽  
Labor Disputes ◽  
Labour Relations ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Common Situation

The article presents an analysis of situations in which civil law is applied in the regulation of labor relations. The authors note that civil law is applied in the regulation of labor relations in several cases. The most common situation is the reference rules provided for by the Labor Code of the Russian Federation itself, which directly provides for situations in which the courts can apply civil law rules when regulating labor relations. In some cases, if there is a gap in law, the courts apply the norms of the Civil Code of the Russian Federation when considering labor disputes, filling the gaps in the regulation of labor relations. In a number of cases, the Labor Code of the Russian Federation adopted civil law structures, although in this case it is no longer possible to talk about the application of civil law norms, since in the case of transferring these structures to the Labor Code of the Russian Federation, they become labor law norms. Also, in practice, there are situations when, simultaneously with labor relations, other relations arise, including civil law relations. In these cases, the courts also apply civil law. The authors describe these situations, give examples from judicial practice, and also propose ways to solve the defects arising in the regulation of labor relations.

On Some Aspects of the New Rules on Land Plots Allotment

2015 ◽  
Vol 3 (11) ◽  
pp. 0-0
Author(s):  
Станислав Липски ◽  
Stanislav Lipski
Keyword(s):  
Russian Federation ◽  
Local Governments ◽  
Agricultural Land ◽  
The State ◽  
Competitive Bidding ◽  
Rural Settlements ◽  
Public Authorities ◽  
The Russian Federation ◽  
Land Code ◽  
Legal Entities

The article reviews new rules on allotment of land plots to citizens and legal persons. The State Duma included these rules into the Land Code of the Russian Federation in summer 2014. Now they have come into force. The article focuses on the following issues. 1. How do these rules affect the land legislation in general? 2. What are the changes in the powers of public authorities of subjects of the Russian Federation and bodies of local self-government in regulating the order of land plots’ allotment and in implementation of such allotment? 3. How justified is the fact that now auctions are the only possible form of a land tender? The author believes that it is necessary to preserve competitive bidding for cases when same agricultural land plots are allotted to citizens and legal entities. Also there remains a problem associated with the transfer of power on allotment of lands from local governments of municipal areas to the level of rural settlements.

scholarly journals Applying the Rules of Eviction in the Domestic Civil Law

Legal Concept ◽  
2020 ◽  
pp. 89-96
Author(s):  
Elvira Osadchenko
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Semantic Content ◽  
Good Faith ◽  
Third Party ◽  
Judicial Practice ◽  
Bona Fide ◽  
The Russian Federation ◽  
Contractual Obligations ◽  
Made In

Introduction: the paper is devoted to the study of certain problematic issues of eviction, which gives rise to the responsibility of an unscrupulous seller in the event of a third party claiming a thing. For this purpose, the author considers the concept and features of a bona fide buyer, identified by the civil doctrine and used by the judicial practice. Using the methods of scientific knowledge, primarily the method of system and comparative analysis, the author identifies the constituent features of “eviction” by applying an essential-substantival approach to the study of the concept of a bona fide purchaser. Results: it is found that the Civil Code of the Russian Federation does not contain a list of criteria confirming the good faith of a person. An attempt to develop such a list is made in the paper through the semantic content of the concept of good faith. Conclusions: the author concluded that fixing the eviction signs and the criteria of good faith in the civil legislation of the Russian Federation will make it possible to protect the interests of contractors, reduce the risks and protect the parties from possible fraudulent actions and most fully ensure the performance of contractual obligations primarily on the part of the seller.

scholarly journals INTERPRETATION PROBLEM CRITERION OF CONFERENCE, LIMITING THE SCOPE OF THE MECHANISM ACQUISITION

2021 ◽  
Vol 6(72) (3) ◽  
pp. 57-66
Author(s):  
N. A. Ablyatipova ◽  
N. V. Rogozhin
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Scientific Literature ◽  
Civil Law ◽  
Good Faith ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Good Conscience ◽  
Interpretation Problem

Based on the analysis of the current civil law, judicial practice and scientific literature, this article explores some of the problems of interpreting good faith as the requisite for acquiring ownership by prescription. The authors draw attention to the limited situations to which the rule on acquisitive prescription may apply, due to the existing official regulatory clarification of the good faith criterion. The work examines the latest practice of the judicial board for civil cases of the Supreme Court of the Russian Federation, which formed a position on the interpretation of good faith, which seems to contradict the legitimate understanding of this condition. In this regard, some situations of life are examined, namely, the seizure of property by moving into an empty abandoned house, as well as the situation when the cohabitant (actual spouse) becomes an independent owner of the property of the owner. Using these examples, the authors show how the problems of interpreting the criterion of “good conscience” as part of acquisitive prescription investigated in the article affect the formation of ambiguous, and in some cases, illegal judicial practice.

ACTUAL PROBLEMS OF TERMINATION OF LAND OWNERSHIP RIGHTS DUE TO LAND SEIZURE FOR STATE AND MUNICIPAL NEEDS

2015 ◽  
Vol 10 (4) ◽  
pp. 126-132
Author(s):  
Ястребов ◽  
Aleksey Yastrebov
Keyword(s):  
Russian Federation ◽  
Land Ownership ◽  
Legal Regulations ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Ownership Rights ◽  
Land Code

The article examines the main aspects of termination of land ownership rights due to land seizure for state and municipal needs. Analyzing law and judicial practice the author distinguishes problems appeared in legal precedents of land seizure. The article contains the commentary on several changes in the Land Code of the Russian Federation and formulates suggestions for improving legal regulations of termination of land ownership rights.

scholarly journals On the concept and characteristics of a multi-boundary agricultural land plot

2020 ◽  
pp. 42-47
Author(s):  
Nikolai Nikolaevich Mel'nikov
Keyword(s):  
Russian Federation ◽  
Agricultural Land ◽  
Border Crossing ◽  
Controversial Issues ◽  
Legal Regime ◽  
Land Plot ◽  
Land Relations ◽  
The Russian Federation ◽  
Economic Need ◽  
Land Code

Special attention is paid to the concept, characteristics and specificity of multi-boundary agricultural land plots. In law enforcement practice, a multi-boundary land plot is an object of land relations, while the regulatory framework of the Russian Federation is characterized by significant gaps in regulating the regime of this plot. In particular, the Land code of the Russian Federation and other provisions of current legislation do not contain rules on the concept of a multi-boundary plot, the procedure for its formation and the legal regime. Features of the regime of multi-boundary agricultural land plots are also characterized by incomplete legal regulation.The problem of permissibility of border crossing of multi-boundary land plots and populated areas and (or) municipal formations is also characterized by lacunae which may lead to the placement of parts of a multi-boundary plot within various categories of lands. The article analyzes a number of controversial issues, including the multi-boundary plot as an object of rights and the economic need for the formation of such land plots in the absence of legally established criteria. In practice, there are examples of identifying a part of a multi-boundary plot with an ordinary land plot, which makes it difficult to distinguish these objects. In the author’s opinion, the question of multi-boundary land plots formation reasonability and the necessity to change and amend the Land Code of Russia with the corresponding provisions, is a topical question. The author arrives at the conclusion that it should not be acceptable if parts of multi-boundary agricultural lands come under various categories of lands.   

Exclusive right in civil circulation

2021 ◽  
Author(s):  
Elena Morgunova ◽  
Nataliya Frolova
Keyword(s):  
Intellectual Property ◽  
Russian Federation ◽  
Civil Law ◽  
Legal Protection ◽  
Constitutional Court ◽  
Master's Programs ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Contractual Structures ◽  
Exclusive Right

The textbook presents doctrinal approaches, positions of the Constitutional Court of the Russian Federation, judicial practice, Russian and foreign legislation on issues related to the essence of legal protection of individual intellectual property objects and the nature of the exclusive right to them, contractual structures in the field of intellectual property, as well as the protection of exclusive rights to intellectual property objects. It is prepared for the development of undergraduates studying under the program" Master of Private Law", the discipline "Exclusive law in civil circulation", but can also be used in the study of legal protection of intellectual property results and means of individualization in the course "Civil Law" by bachelors, specialists, as well as in other master's programs. It may be of interest to students, postgraduates, scientists, teachers, practitioners, and anyone interested in intellectual property issues.

scholarly journals Prevention of Damage to the Environment in the Regional Judicial Practice

2020 ◽  
Vol 5 ◽  
pp. 21-25
Author(s):  
Tatyana V. Letuta ◽  
◽  
Elena V. Mischenko ◽  
Keyword(s):  
Russian Federation ◽  
Environmental Law ◽  
Civil Law ◽  
Civil Code ◽  
Main Function ◽  
Legal Institution ◽  
Judicial Practice ◽  
The Russian Federation ◽  
The Law ◽  
Damage Prevention

The article proposes the author`s approach to the solution of the issue of the efficiency of the use of the damage prevention institution in practice. The authors review the regional practice of application of administrative suspension, civil law termination and prohibition of activities of environmental law breachers. Various protection means are compared. The authors conclude that administrative suspension of activities aimed at fulfillment of its main function of interception of environmental offenses requires the law to be supplemented in terms of cases on the need for immediate offense repression. The paper justifies the expediency of application of the presumption of offender`s guilt in effect in respect of other misdeeds provided in the Civil Code of the Russian Federation. Prevention of damage to the environment as a complex legal institution needs its implementation mechanisms to be improved in practice.

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