scholarly journals A New Obligation to Submit Copies of Statements of Claims to Other Parties to a Procedure: The Procedure Theory and the Application Practice

2020 ◽  
Vol 11 ◽  
pp. 34-35
Author(s):  
Vera P. Kudryavtseva ◽  
Keyword(s):  
Russian Federation ◽  
Good Faith ◽  
Decision To Leave ◽  
Critical View ◽  
The Supreme Court ◽  
Additional Costs ◽  
The Russian Federation ◽  
New Interpretation ◽  
The Right ◽  
Two Sides

The article reveals the practice of interpretation of the new obligation to send a statement of claim and other documents before filing a claim in court. The new version of article 132 of the CPC has given rise to an interpretation that prevents the plaintiffs from exercising their right to appeal to the court. The problem of access to the court has two sides-financial and procedural. The financial side puts the burden on the plaintiff to bear additional costs before the process occurs. The procedural side complicates the solution of the problem, since it does not directly fix the possibility to appeal the judge’s decision to leave the application without movement. A critical view of the interpretation of the text based on the principles of civil procedure is given. A new interpretation cannot be left to the court discretion. The absence of evidence of sending the claim to other participants cannot be considered as an abuse of the right. It is proposed to proceed from the principle of good faith of the plaintiff when initiating a civil case. The necessity to fix the presumption of sending the documents specified in the law to facilitate access to the court is justified. It is proposed to unify the interpretation of the new obligation by adopting A resolution of the Plenum of the Supreme Court of the Russian Federation.

scholarly journals On Issue of Civil and Legal Liability of the Insolvency Officer for Actions (Inaction) of Third Parties in a Bankruptcy Case

2019 ◽  
Vol 10 (1) ◽  
Author(s):  
Igor Staritsyn
Keyword(s):  
Russian Federation ◽  
Legal Liability ◽  
Third Parties ◽  
Bankruptcy Law ◽  
District Courts ◽  
Judicial Practice ◽  
Illegal Behavior ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Right

Considering the right of the insolvency officer to involve other persons, including employees of the debtor, to ensure his powers, the article examines the possibility of bringing the officer to civil and legal liability in the form of recovering damages for actions (inaction) of such persons. It summarizes and analyzes the judicial practice at the level of the Arbitration District Courts and the Judicial Panel on Economic Disputes of the Supreme Court of the Russian Federation. A conclusion is made of admissibility in certain cases of bringing the insolvency officer to civil and legal liability for the actions of the persons involved by him. The illegal behavior and the fault of the insolvency officer can be expressed in improper control over the actions (inactions) of third parties, in selecting an incompetent person. The article offers to regulate at the legislative level the issue of the possibility of bringing the insolvency officer to liability for actions of other persons, by including such rules in the Bankruptcy Law.

scholarly journals Recovery of Damages from the Head of an Economic Entity: Legislation of the Russian Federation and Law Enforcement Practice

2019 ◽  
Vol 62 ◽  
pp. 10003
Author(s):  
Y.A. Dorofeeva ◽  
M.N. Zubkova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Good Faith ◽  
Legal Entity ◽  
Historical Method ◽  
Economic Entity ◽  
Legal Method ◽  
The Russian Federation ◽  
The Right ◽  
Legal Entities

A legal entity as a union recognized in law and absent as an independent entity outside the law, exists and carries out its activities through the governing bodies whose composition and competence are always predetermined by the norms of positive law. Undoubtedly, the rights of the governing bodies of a legal entity, as well as the duties of the head of the organization, must be strictly predetermined and have limits defined by law. Failure of this rule would mean the possibility of abuse of the right by the governing bodies of legal entities, their release from the obligation to lead the organization in good faith and reasonably, evasion from the fulfillment of obligations assumed by the legal entity through the sole executive body or another governing body of the organization. In order to prevent harm to the organization and third parties, the governing bodies of the legal entity, the legislator set certain rules for the activities of the governing bodies of the legal entity, as well as the grounds for applying measures of responsibility for violating such rules. The responsibility of the head includes the recovery of damages caused by his fault to a legal entity. The purpose of the study is to analyze the grounds and conditions for recovery of damages caused by the head of the organization in the legislation of the Russian Federation and arbitration practice. The objectives of the study are to determine the grounds for liability of the head of a legal entity in the form of damages, show the genesis of the formation of Russian legislation and the practice of its use by courts on recovering losses of a legal entity from the head of an organization, identify criteria for determining the presence of both good faith and reasonableness in the behavior of managers of legal entities, brought to responsibility in the form of the obligation to pay damages to the organization they lead. In carrying out the study, such methods were used as: general scientific - analysis, synthesis, comparison, generalization, historical method; private-scientific: formal-legal, comparative-legal, allowing to consider the issues of bringing to responsibility in the form of recovery of damages of the head of a legal entity; Formal legal method for determining the content of abstract categories - reasonableness, good faith, permissible behavior, method of system-structural analysis - to study the possibility of applying damages as a form of responsibility for the guilty behavior of a special entity - the head of a legal entity The result of the study is the establishment of the grounds and conditions for applying to the head (former head) of a legal entity responsibility in the form of recovery of damages caused to the organization managed by it, in the legislation of the Russian Federation and judicial practice. The findings and results of the study can be used for further research and as educational material, in legislative work and in law enforcement practice.

scholarly journals Features of signs of the crime object provided by article 166 of the Criminal Code of the Russian Federation

2019 ◽  
Vol 2019 (2) ◽  
pp. 192-198
Author(s):  
Алена Харламова ◽  
Alena Kharlamova ◽  
Юлия Белик ◽  
Yuliya Belik
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Social Relations ◽  
Criminal Law ◽  
Criminal Code ◽  
Direct Object ◽  
The Supreme Court ◽  
The Subject ◽  
The Russian Federation ◽  
The Right

The article is devoted to the problematic theoretical and practical issues of the content of the signs of the object of the crimes under Art. 166 of the Criminal Code. The authors determined the main direct object, revealed the essence of the right of ownership, use and disposal. Marked social relations that can act as an optional direct object. Particular attention is paid in the article to the subject of the crime. Attempts have been made to establish criteria that are crucial for the recognition of any vehicle as the subject of theft. The content of the terms “automobile” and “other vehicle” is disclosed. The analysis of the conformity of the literal interpretation of the criminal law to the interpretation of the law enforcer is carried out. It is summarized that the Supreme Court of the Russian Federation narrows the meaning of the term “other vehicle”, including in it only vehicles for the management of which, in accordance with the legislation of the Russian Federation, is granted a special right. The authors provide a list of such vehicles and formulate a conclusion on the advisability of specifying them as the subject of a crime. The narration of the article is accompanied by examples of decisions of courts of various instances in cases of crimes under Art. 166 of the Criminal Code of the Russian Federation

Concretization of Corporate Liability Provisions in the Court Practice

2020 ◽  
Vol 11 ◽  
pp. 53-71
Author(s):  
M. S. Sinyavskaya ◽  
Keyword(s):  
Present Article ◽  
Russian Federation ◽  
Case Law ◽  
Corporate Law ◽  
Good Faith ◽  
Practical Application ◽  
Legal Provisions ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Corporate Liability

The present article contains analysis of cases regarding corporate law provisions on restitution of damages. At present article 53.1 of the Russian Civil Code provides for liability in case of breach of good faith and unreasonable actions. This legal norm has given rise to a great bulk of case law in this sphere. The article gives overview of the case law of the Supreme Court of the Russian Federation as well as poses some problems which became evident in the course of practical application of the legal provisions.

scholarly journals Assignment of a Claim Under an Obligation in Which the Identity of the Obligee Is Essential for the Obligor

2020 ◽  
Vol 17 (4) ◽  
pp. 455-464
Author(s):  
A. A. Martsun
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Scientific Literature ◽  
Civil Code ◽  
Essential Value ◽  
A Value ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

The Plenum of the Supreme Court of the Russian Federation adopted a resolution of December 21, 2017 No. 54 “On some issues of application of the provisions of Chapter 24 of the Civil Code of the Russian Federation on the change of persons in an obligation on the basis of a transaction", which sets out important clarifications regarding the application standards contained in this chapter. At the same time, not all issues related to the assignment of the claim were resolved by the above resolution. One of these issues is the definition of the term “essential value of the identity of the creditor” or approximate criteria for such a value in the context of the need to obtain the latter’s consent to the assignment of rights. The presence of this problem is rightly indicated in the scientific literature [3, p. 549–655, 688–713]. The Author examines the Model Rules of European Private Law and the UNIDROIT principles in order to find a solution to the problem. Attention is drawn to the problem of determining the essential value of the creditor for the debtor in the case of assignment of the right of claim, as well as to the consequences of making the assignment without the consent of the debtor under an obligation in which the identity of the creditor was essential.In the Author's opinion, the identity of the creditor is recognized as essential for the debtor when the connection between the debtor and the creditor arose as a result of the conclusion of a transaction that has a personallyconfidential nature, or if the connection arose during the conclusion of other transactions in the case when the connection was broken during the execution assignment of rights entails or may entail a significant deprivation for the debtor of what he had the right to count on when concluding a transaction with the creditor.In addition, situations are considered that are an exception to the presumption of the absence of a significant value of the creditor's personality for the assignment of claims for monetary obligations. The author also points out that the consequence of the transaction on the assignment of rights without the consent of the debtor in the context of paragraph 2 of Art. 388 of the Civil Code of the Russian Federation is the nullity of the transaction on the basis of paragraph 2 of Art. 168 of the Civil Code of the Russian Federation.

scholarly journals National Anti-Corruption Plan for 2021-2024: anti-corruption elements of the legal status of civil officers

2021 ◽  
pp. 166-175
Author(s):  
Ivan Vladimirovich Grigorev
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Civil Service ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Professional Activities ◽  
Legal Provisions ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Right

The subject of this research is the normative sources that establish the rights, responsibilities and prohibitions in civil service, as well as the mechanisms for their implementation. The author dwells on the practical issues arising in the context of implementation of anti-corruption legislation associated with the right of the officers to exercise other paid activity, acquire and own securities, responsibility to notify about the possible colliding interests, limitation on the deed of gift due to their professional activities, providing data on income, expenses, property, and real obligations. Special attention is given to certain legal provisions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, and courts of general jurisdiction related to the peculiarities of the legal status of civil officers. The scientific novelty consists in comprehensive examination of the legal issues in regulation of anti-corruption elements of the legal status of civil officers. The main conclusions lies in determination of the gaps and conflicts of legal regulation of such relations. Critical assessment is given to the case law on the appeal of the prosecutors to transfer the property with no evidence that it has been acquired with legitimate income to the income of the Russian Federation. The author formulates recommendations for the improvement of the existing federal legislation on countering corruption in civil service.

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.

scholarly journals Protection of the Right to Education and Health of Pupils within the Framework of the Voluntary Nature of Tuberculinodiagnosis

JURIST ◽  
2021 ◽  
Vol 4 ◽  
pp. 65-70
Author(s):  
Lilia V. Borisova ◽  
Keyword(s):  
General Education ◽  
Russian Federation ◽  
Right To Health ◽  
Educational Organizations ◽  
Right To Education ◽  
Intradermal Testing ◽  
Education And Health ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Right

The article deals with the problem of ensuring the right to general education of children who have not undergone tuberculin diagnostics, and the right to health protection of other children studying in preschool educational and general educational organizations. An assessment of the recommendation of the Supreme Court of the Russian Federation on the choice of forms and methods of education for children not examined for tuberculosis, excluding them from visiting a healthy children’s team, is given. The conclusion on the need to harmonize the requirement of clause 823 of SanPiN 3.3686-21 with the norms of federal legislation on the voluntariness of medical examination for tuberculosis is reasoned. The constructiveness of the study of the issue of the availability in the constituent entities of the Russian Federation of alternative to Mantoux and Diaskintest methods of diagnosing tuberculosis and their possible inclusion in the compulsory medical insurance of children with medical contraindications for intradermal testing is noted.

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