scholarly journals On Some Issues of Management in Peasant (Farm) Enterprises Established under Article 86.1 of the Civil Code of the Russian Federation

CIVIL LAW ◽  
2020 ◽  
Vol 6 ◽  
pp. 35-38
Author(s):  
Aleksey V. Terentyev ◽  
Keyword(s):  
Russian Federation ◽  
Scientific Community ◽  
Civil Code ◽  
Legal Doctrine ◽  
Peasant Farmer ◽  
Legal Entity ◽  
Legal Norms ◽  
Judicial Practice ◽  
Peasant Farm ◽  
The Russian Federation

This article is devoted to the management of peasant (farmer) farms, established as a legal entity. The author of this article identifies a number of legal problems (legal conflicts) existing in the sphere under consideration. Based on the analysis of the current legislation of the Russian Federation, legal doctrine and judicial practice, the author concludes that there are no special legal norms directly regulating the management process (determining the structure of management bodies, their competence, etc.) in peasant (farm) farms established as a legal entity. After that, the author brings to the court of the legal scientific community a number of issues that require legislative resolution. In particular, the author raises the question of the principles on which management should be based in peasant (farmer) farms created as legal entities. What is the procedure for convening and holding General meetings in peasant (farmer) farms established in the order of Art. 86.1 of the Civil Code? Are being called into and other questions. Subsequently, the author attempts to formulate his own answers to these questions.

INHERITANCE OF THE PROPERTY OF A MEMBER OF A PEASANT (FARMER) FARM

2021 ◽  
Author(s):  
Татьяна Алексеевна Безгодкова ◽  
Людмила Дмитриевна Туршук
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Civil Code ◽  
Peasant Farmer ◽  
Legal Entity ◽  
The Russian Federation

В статье рассматриваются проблемы правового регулирования наследования имущества члена крестьянского (фермерского) хозяйства. КФХ может существовать в двух формах: как юридическое лицо и без образования юридического лица. ГК РФ определяет порядок перехода по наследству имущества лишь КФХ без образования юридического лица. The article deals with the problems of legal regulation of inheritance of property of a member of a peasant (farmer) farm. PFF can exist in two forms: as a legal entity and without the formation of a legal entity. The Civil Code of the Russian Federation defines the procedure for the inheritance of property only in a farm without the formation of a legal entity.

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.

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).

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 The Legal Doctrine in the Activities of the Constitutional Court of the Russian Federation

Russian judge ◽  
2020 ◽  
Vol 11 ◽  
pp. 27-31
Author(s):  
Olga O. Nebratenko ◽  
Keyword(s):  
Russian Federation ◽  
Practical Significance ◽  
Constitutional Court ◽  
Research Activity ◽  
Legal Doctrine ◽  
Judicial Practice ◽  
National Body ◽  
The Russian Federation ◽  
Source Form ◽  
Short Time

The article is devoted to the study of legal doctrines in the activities of the national body of constitutional justice. In legal science, judicial practice, and state-legal reality, the term “doctrine” in various combinations has become one of the most widely used and ambiguous. At present, the attitude to the legal doctrine is changing, which in a short time has gone from an unused regulator of legal relations in the Russian legal system to an optional one, giving way only to the dominant source (form) of law — a normative legal act. References to doctrines in the final acts of the constitutional Court of the Russian Federation, as well as their direct formulation and use, are a special subject of research activity, which determines the practical significance of the proposed article.

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 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).

scholarly journals Features of development of peasant (farming) facilities in the regions of Russia

KANT ◽  
2021 ◽  
Vol 38 (1) ◽  
pp. 58-63
Author(s):  
Nadezhda Pavlovna Sizova
Keyword(s):  
Quality Of Life ◽  
Russian Federation ◽  
Agricultural Production ◽  
Agricultural Sector ◽  
Production Data ◽  
Peasant Farmer ◽  
Peasant Farm ◽  
The Russian Federation ◽  
Regions Of Russia

The agricultural sector of production is a unique sphere of the national economy, which determines the level and quality of life of the country's population, but largely depends on the level of development and regional characteristics of economic entities, especially small forms of agricultural production – peasant (farm) farms. The article presents the features of the development of peasant (farm) farms in the regions of Russia. Based on the analysis of features of development of peasant (farmer) farms of constituent entities of the Russian Federation grouping the number and share of production data of the farmers identified areas that require a differentiated approach in the implementation of state support.

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