scholarly journals Features of the Practical Application of the Institute of Forced Buyout of Animals

2021 ◽  
Vol 16 (6) ◽  
pp. 88-101
Author(s):  
M. A. Shabalina
Keyword(s):  
Russian Federation ◽  
Civil Code ◽  
Practical Application ◽  
Regulatory Requirements ◽  
European Regulation ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Five Freedoms ◽  
The Relationship

The paper is devoted to the analysis of the institution of force buyout of animals provided for under Art. 241 of the Civil Code of the Russian Federation. The practical application of the buyout under consideration is associated with a number of difficulties, in particular, with the lack of a normatively fixed concept of a humane attitude towards animals and with the difficulty of determining the balance between inhuman attitude and cruelty. To analyze these concepts, the author turns to the Russian doctrine, judicial practice and European regulation, studies the concept of welfare and the fundamental five freedoms of animals. The paper also examines the relationship between the two elements of the institute of forced buyout named in the provisions of the Civil Code of the Russian Federation as the establishment of a violation by the owner of regulatory requirements in the field of handling pets and inhuman treatment. A separate issue, raised in the paper, is the procedure for determining the value of the repurchased animal by the court that must take into account all the applicant’s costs associated with the treatment of the animal after the buyout.

scholarly journals Implementation of the Provisions on Termination and Modification of the Contract in the New Edition of the Civil Code of the Russian Federation

2016 ◽  
Vol 4 (12) ◽  
pp. 0-0
Author(s):  
Елена Позднышева ◽  
Elena Pozdnysheva
Keyword(s):  
Economic Crisis ◽  
Russian Federation ◽  
Civil Code ◽  
Early Termination ◽  
Practical Application ◽  
The Past ◽  
Judicial Practice ◽  
The Russian Federation

The article is devoted to the analysis of practical application of provisions of Chapter 29 of the Civil Code of the Russian Federation which regulating the issues of modification and termination of the contract by courts. The relevance of such analysis was caused by the introduction of the new edition of Chapter 29 of the Civil Code as well as the practice of its application by courts resulting to increasing of the number of lawsuits concerning disputes on modification and termination of the contract caused by the economic crisis of the past two years. In addition, the number of lawsuits on refusal of one of the contractors from the contract in cases stipulated by the contract considering by arbitration courts was also increased. On the basis of the analysis of judicial practice the author has made a conclusion that if parties to a contract want to provide in the contract the possibility of cancellation of the agreement for any reason other than provided in the Civil Code, other laws or other legal acts, such grounds have to be expressly listed in the agreement, or the contract has to contain wording about the possibility of termination of the contract on any other grounds. The author has noted the necessity of unification of the approaches to the qualification of the sum which has to be paid in a case of the early termination of the contract as it provided by the clause 3, article 310 of the Civil Code for the unilateral refusal of execution of obligations regardless of how the specified amount named in the contract.

scholarly journals REVIEW OF LEGAL POSITIONS OF THE SUPREME COURT OF THE RUSSIAN FEDERATION FOR 2015-2020 ON THE APPLICATION OF THE PROVISIONS OF THE CIVIL CODE OF THE RUSSIAN FEDERATION ON THE INVALIDITY OF TRANSACTIONS AND ON THE PROHIBITION OF ABUSE OF RIGHTS

2020 ◽  
pp. 7-15
Author(s):  
Ольга Георгиевна Барткова
Keyword(s):  
Civil Rights ◽  
Supreme Court ◽  
Russian Federation ◽  
Civil Code ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Right ◽  
Relationship Of ◽  
The Relationship

В статье исследуется содержание положений основных Постановлений Пленума Верховного Суда РФ, а также обзоров судебной практики, утверждённых Президиумом Верховного Суда РФ, которые относятся к порядку применения ст. 168 во взаимосвязи со ст. 10 ГК РФ. Обосновывается вывод о том, что злоупотребление правом отнесено законом к числу самостоятельных оснований для признания сделки недействительной. Приведены и проанализированы примеры споров, иллюстрирующие взаимосвязь норм о недействительных (ничтожных) сделках с институтом «пределы осуществления гражданских прав», с основными началами гражданского законодательства. The article examines the content of the provisions of the main Resolutions of the Plenums of the Supreme Court of the Russian Federation, as well as reviews of judicial practice, approved by the Presidium of the Supreme Court of the Russian Federation, which relate to the procedure for applying Art. 168, Art. 170 of the Civil Code of the Russian Federation in conjunction with Art. 10 of the Civil Code of the Russian Federation. The conclusion is substantiated that abuse of the right is attributed by law to the number of independent grounds for recognizing the transaction as invalid. The examples of disputes are presented and analyzed, illustrating the relationship of the norms on invalid (void) transactions with the institution of «limits of the exercise of civil rights», with the basic principles of civil legislation.

Compensation for Infringement of Copyright and Related Rights: Essence and Primary Functions

2020 ◽  
Vol 5 ◽  
pp. 34-40
Author(s):  
N. V. Buzova ◽  
◽  
R. L. Lukyanov ◽  
Keyword(s):  
Russian Federation ◽  
Research Method ◽  
Comparative Law ◽  
Civil Code ◽  
Judicial Practice ◽  
Legal Remedy ◽  
Legal Nature ◽  
The Russian Federation ◽  
Judicial Protection ◽  
Exclusive Right

The Civil Code of the Russian Federation provides an opportunity to the rightholder in case of infringement of his exclusive copyright and related rights to demand in court instead of compensation for damages incurred by him to pay compensation. In most cases, when the rightholder applies for judicial protection of his violated rights, he requires the recovery of compensation. This article discusses the legal nature of compensation as a legal remedy of an exclusive right and its primary functions. When writing an article, a comparative law research method is used. As a result of the analysis of russian and foreign legislation, as well as judicial practice, it was found that compensation, in addition to restorative, also has a preventive function and can be considered an analogue of statutory damages.

Scientific Commentary on the Review of Judicial Practice on Some Issues of the Application of Legislation on Business Entities

2021 ◽  
Vol 6 ◽  
pp. 27-32
Author(s):  
V. K. Andreev ◽  
Keyword(s):  
Public Relations ◽  
Supreme Court ◽  
Russian Federation ◽  
Separation Of Powers ◽  
Civil Code ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Business Entities ◽  
Law Making

The article discusses the forms of clarification on matters of judicial practice by the Plenum of the Supreme Court of the Russian Federation, the Presidium of the Supreme Court, as well as in the Review of judicial practice on some issues of the application of legislation on business companies dated December 25, 2019. Clarifications of the Supreme Court of the Russian Federation on issues of judicial practice are characterized as the positions of the courts identified in the course of studying and summarizing the judicial practice of the corresponding category of cases, which are acts of individual regulation of public relations. Focusing on Art. 6 of the Civil Code of the Russian Federation and Section 6, Art. 12 of the APC RF shows the validity of dividing wrong into two types of wrong: the «moderate» type of «judicial law-making and the position of the court» and the «radical» type of «judicial law-making», when the court develops the rule of law, which contradicts the constitutional principle of separation of powers. When resolving corporate disputes, it is necessary to investigate whether the charter of a non-public company does not contain the rights and obligations of its participants, which they themselves created by making a unanimous decision and including them in the charter of the company (paragraph 3 of Art. 66.3 of the Civil Code of the Russian Federation, paragraph 3 of Art. 14 of the Law about LLC).

The cross-impact of corruption and consumer culture

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Vladislav Burmakin ◽  
Marianna Dudareva ◽  
Andrey Egorov ◽  
Valentina Latysheva ◽  
Svetlana Salimova
Keyword(s):  
Russian Federation ◽  
Mutual Influence ◽  
Criminal Code ◽  
Practical Application ◽  
Content Type ◽  
Abuse Of Power ◽  
Consumption Culture ◽  
Experimental Approaches ◽  
The Russian Federation ◽  
The Relationship

Purpose The purpose of this paper is to study the relationship between corruption and consumption culture from the perspective of their mutual influence on the example of the Russian Federation. Design/methodology/approach The research methodology was based on the use of theoretical, empirical and experimental approaches aimed at studying the mutual influence of indicators of corruption and factors that may be associated with it. Findings The performed analysis revealed that the total number of crimes registered under corruption-related articles of the Criminal Code of the Russian Federation (Article 285 – Abuse of Power, Article 290 – Receiving a Bribe, Article 291 – Giving a Bribe) is in moderate correlation with monthly consumer spending per capita and the volume of taxes, fees and other obligatory payments to the budget. Originality/value The practical application of the research results is possible in formation of recommendations for improving anti-corruption legislation and effective measures to prevent its causes.

scholarly journals CONTRACTUAL BASIS FOR TERMINATION OF CIVIL LEGAL OBLIGATIONS: PROBLEMS OF THEORY AND PRACTICE OF APPLICATION

2021 ◽  
Vol 31 (6) ◽  
pp. 1054-1058
Author(s):  
N.V. Kuznetsova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Civil Code ◽  
Theory And Practice ◽  
Freedom Of Contract ◽  
Judicial Practice ◽  
Legal Obligations ◽  
Problematic Issue ◽  
The Russian Federation

The article considers contractual grounds for termination of civil obligations: compensation, innovation, debt forgiveness. The paper notes some problems of the application of Articles 409, 414, 415 of the Civil Code of the Russian Federation in judicial practice, analyzes the issues of the ratio of compensation and innovation, the differentiation of these contracts. The problems of qualification of agreements on the grounds for termination of obligations in law enforcement practice and the question of applying the principle of freedom of contract to the relations under consideration are considered. It is noted that at present the practice of applying the legislation on compensation has changed significantly. Despite the restrictions established by the norm of Article 409 of the Civil Code of the Russian Federation, judicial practice allows the possibility of using works and services as a subject of compensation, which leads to problems of distinguishing such contractual grounds for termination of obligations as compensation and innovation. With regard to the innovation, an analysis of the provisions on the possibility of novating the penalty into a loan obligation is given. A problematic issue is the legal qualification of debt forgiveness as a basis for termination of an obligation. It is noted that the contractual nature of debt forgiveness should be taken into account. Acceptance of notification by the debtor's creditor of his release from the performance of his duty is the silence of the debtor (clause 2 of Article 438 of the Civil Code of the Russian Federation). The article also considers the question of the ratio of debt forgiveness and donation. The analysis of judicial practice shows that the courts do not consider debt forgiveness as a gift, except in cases when the creditor released the debtor from the performance of the obligation free of charge. In this case, the norms of Article 168 of the Civil Code of the Russian Federation and paragraph 4 of Article 575 of the Civil Code of the Russian Federation are subject to the application of debt forgiveness.

scholarly journals Efficiency of practical application of criminal law prohibition in the sphere of economy of the Russian Federation

2019 ◽  
Vol 2019 (4) ◽  
pp. 118-123
Author(s):  
Vladimir Tunin ◽  
Natal'ya Radoshnova
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Economic Crime ◽  
Practical Application ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Economic Crimes

The article considers the practical effectiveness of the criminal law prohibition in combating economic crime in the Russian Federation. 22nd Chapter of the Criminal code currently includes 58 articles. This is maximum number of articles in relation to other chapters of the criminal code, in the same Chapter of the Criminal code. Accordingly the need for such a number of prohibitions in the economic sphere should be confirmed by judicial practice. However, a completely different picture emerges. Based on the analysis of the statistical reports of the Judicial Department under the Supreme Court of the Russian Federation, the authors conclude that the enforcement practice in cases of economic crimes is insufficient.The authors express their opinion on the reasons for the ineffectiveness of the practical application of the articles constituting the 22nd Chapter of the Criminal code of the Russian Federation, and suggest ways to address them.

scholarly journals NOVELTIES OF PART III OF THE CIVIL CODE OF THE RUSSIAN FEDERATION: ISSUES AND SOLUTIONS

2020 ◽  
Vol 4 ◽  
pp. 20-23
Author(s):  
Tatyana L. Kalacheva ◽  
◽  
Natalya S. Makharadze ◽  
Keyword(s):  
Russian Federation ◽  
Civil Code ◽  
Legal Institutions ◽  
Inheritance Law ◽  
Judicial Practice ◽  
The Russian Federation ◽  
The Creation

The article examines new legal institutions of inheritance law, which are legal institutions associated with the creation and operation of the inheritance fund, the execution of a joint will and the conclusion of an inheritance contract. The authors determine the prospects for their relevance, problematic aspects, ways to solve them, analyzing examples of judicial practice.

scholarly journals Responsibility of Individuals Managing a Legal Entity

Lex Russica ◽  
2019 ◽  
pp. 30-38
Author(s):  
Yu. A. Meteleva
Keyword(s):  
Russian Federation ◽  
Causal Link ◽  
Civil Code ◽  
Constitutional Court ◽  
Court Cases ◽  
Legal Entity ◽  
Judicial Practice ◽  
The Supreme Court ◽  
Judicial Proceedings ◽  
The Russian Federation

The problem of liability of persons managing a legal entity was raised in Russian civil law after the adoption of legislation on joint-stock companies. At the beginning, it was more theoretical in nature, since the civil legislation did not contain any mechanisms for the implementation of such liability. To date, due to the reform of the Civil Code and changing approaches in jurisprudence, disputes concerning property liability of directors have formed a considerable category of cases. The paper analyzes the elements of such civil wrongs as damage caused to a legal entity by persons who are members of the managerial boards and are able to exercise a significant impact on such boards. All elements of the civil wrong under consideration are being analyzed: the act, the consequences (damage), the causal link between the act and the consequences, and the fault of the wrong-doer. The paper also elucidates the participants involved in such disputes. Exploring specific court cases, the author shows which acts of directors are recognized by the courts as illegal, what restrictions are expressed in the legal standings of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation to qualify as illegal different acts of directors and other persons. In the vast majority of cases of this category, persons exercising the functions of the sole executive body are prosecuted. Sometimes they are also the participants at the same time. The scope of persons covered by the term “determining the acts of a legal entity” is not defined in the law, which also hampers judicial practice. Judicial proceedings bringing such persons to justice are exceptional. Therefore, the author proposes to define in the Civil Code all persons who can commit an act and thereby cause damage to a legal entity. In addition, it is proposed to establish criteria of unreasonableness and dishonesty of actions of directors and other persons.

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