THE PRINCIPLE OF INADMISSIBILITY OF CIVIL PROCESSUAL RIGHTS ABUSE: LEGAL NATURE ANDSPECIFIC APPLICATIONS IN COURT PRACTICE

Application of Security Deposits under a Different Civil Legal Relationships: Theoretical and Practical Aspects

Journal of Russian Law ◽

10.12737/21522 ◽

2016 ◽

Vol 4 (10) ◽

pp. 0-0

Author(s):

Кирилл Гасников ◽

Kirill Gasnikov

Keyword(s):

Russian Federation ◽

Civil Law ◽

Legal Nature ◽

Security Relations ◽

The Russian Federation ◽

Security Deposits ◽

Further Development ◽

Court Practice

The author analyzes “a security deposit” as a new named way to enforce the obligations established by the civil legislation of the Russian Federation. Studying of the latest amendments of civil law in the sphere of obligations will determine the actual directions of the further development of contractual security relations. The purpose of the article — based on the study of the doctrine of the Russian civil law, the Concept of development of Russian civil legislation, legislation and court practice to determine the legal nature of the security deposit, its characteristics and differences from other ways of enforcement of the money obligations — forfeit and deposit. Particular attention is paid to the problems of enforcement of security payments as the named ways to enforce the obligations under the preliminary agreements, and also revealed the inconsistency of court practice in this area.

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EXECUTIVE FEE AND BASIC REMUNERATION OF A PRIVATE EXECUTER: PROBLEMS OF THEORY AND JUDICIAL PRACTICE

Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies ◽

10.17721/1728-2195/2020/3.114-7 ◽

2020 ◽

pp. 29-32

Author(s):

L. Maliarchuk ◽

O. Snidevych

Keyword(s):

Legal Regulation ◽

Public And Private ◽

Legal Rules ◽

Judicial Practice ◽

Study Results ◽

Legal Nature ◽

Court Practice

his article aims to study the legal essence of the executive fee and the private executer basic remuneration in enforcement proceedings. The article also clarifies the issues that arise in connection with the extension onto the private executer basic remuneration of legal rules related to executive fee, as well as outlines the shortcomings of relevant legislation rules and proposals aimed at improving their legal regulation. It is exposed that, in contrast to the shortcomings executive fee, the basic fee collection in fact remains unsufficiently regulated by law, as it is subject to the same approaches as the executive fee that does not always seem correct. At the doctrinal level, the executive fee and the basic remuneration are not separated in their essential content and are considered either as payment by the debtor for the enforcement actions that executer performs, either as a penalty for the failure to follow benevolently the enforcement document requirements. Such a dual legal nature of the executive fee and the basic remuneration as laid down by the legislator conceptually causes several problems in practice, some of which are discussed in the article. The conditions of executive fee (basic remuneration) collection as established in court practice and taken into account while elaborating this study conclusions, are also analyzed. The article states that the approach to the identification of the executive fee and the basic remuneration as analogues is incorrect, because under the existing legal field it is impossible to establish equal positioning for public and private executers. The legal essence of a private executer's basic remuneration requires in some cases the existence of a slightly different legal regulation than this applied to the executive fee. Here the basis shall refer to the fact that a private executer performs required executive actions, which should be followed by that executer remuneration. Based on this study results, possible options for resolving the issues on collecting the private executer basic remuneration are proposed.

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The Legal Nature of a Utility Connection Agreement: A New Outlook at the Problem

Actual Problems of Russian Law ◽

10.17803/1994-1471.2020.121.12.190-199 ◽

2020 ◽

Vol 15 (12) ◽

pp. 190-199

Author(s):

M. T. Khamidullin

Keyword(s):

Technical Support ◽

Legal Relationship ◽

Legal Literature ◽

Legal Nature ◽

Provision Of Services ◽

The Right ◽

Energy Equipment ◽

Court Practice

The paper continues the discussion existing in the legal literature on the legal nature of the connection agreement (utility connection) to the networks of engineering and technical support. The author gives different views on the legal nature of the connection agreement, which are found in doctrine and court practice. To reveal the essence of the contract under consideration, the author refers to the category "power" — a concept used in legislation to designate a legal relationship to endow the consumer with the right to claim against the energy supplying organization to maintain energy equipment in a state of constant readiness for the production and transmission of energy. In the course of the study of the legal nature of power, it is concluded that power is not an object of civil legal relations. The right of claim arising from the specified obligation can be attributed to such an object. The transfer of this right of claim to the consumer is made by the energy supplying organization as a result of utility connection. Based on this, the author reasonably concludes that, by its legal nature, a utility connection agreement is an agreement for the provision of services for compensation.

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Moral Harm Compensation as a Remedy to Housing Rights

Pravosudie / Justice ◽

10.37399/2686-9241.2021.3.99-123 ◽

2021 ◽

Vol 3 (3) ◽

pp. 99-123

Author(s):

Veronika S. Karyaginа ◽

Keyword(s):

Property Rights ◽

Complex Nature ◽

Property Damage ◽

Law System ◽

Legal Science ◽

Housing Rights ◽

Legal Nature ◽

Contractual Obligations ◽

Complex Methods ◽

Court Practice

Introduction. The increased interest in modern Russian legal science towards the problems of moral harm compensation, while having been resulted from the widespread use of this category within legislation and court practice, determines the need for its conceptual research within housing law due to its special significance for being a judicial remedy to housing rights, which is important not only for legal science in general, but also for regulatory enforcement, as well as for further improvement of housing legislation. Insufficient regulatory regulation of compensation for moral harm taking into account the specifics of housing law and the lack of a deep scientific theory has caused law enforcement difficulties in implementing this method of protecting housing rights. Theoretical Basis. Methods. The purpose of this paper is a comprehensive study of conceptual and practical challenges towards moral harm compensation as a remedy to housing rights, the study is based on the analysis of its scope and justification of universality for the protection of housing rights diverse in legal nature. The methodological basis of the paper consists of both general scientific methods (dialectical method, induction, deduction, analogy, analysis, synthesis) and special methods of scientific research – system and complex methods of scientific knowledge. System method allowed to consider the scope of moral harm compensation, it has made possible to determine the internal links of this method of housing rights protection with other elements of housing law system (other methods of remedy, contractual and non-contractual obligations, rights in rem, etc.). Complex methods allowed to make a comprehensive assessment and identify features of the application of moral harm compensation as a remedy to housing rights in different areas of housing relations, and also to determine its interdisciplinary nature. Results. The result of the study reflects the conclusion that industry characteristics of housing rights, due to the specificity of the object of housing rights, distinguish in most cases the derived nature of demands on moral harm compensation from claims for property damage caused to residential premises, and determine the suitability of the application of moral harm compensation to protect the property rights of parties within housing relations only in cases provided for in a law. Moral harm is an independent consequence of violation of housing rights of citizens, that is why it can be compensated independently, regardless of the presence of property damage or along with property damage. Discussion and Conclusion. Court practice reveals a small number of independent claims for moral harm compensation when housing rights are violated. The complex nature of subjective housing rights has revealed a close connection of some property rights of subjects of housing relations with personal non-property rights and intangible benefits, and thus creates the basis for claims for moral harm compensation. Considering the fact that the concept of “housing rights” is a collective notion combining subjective rights various by legal nature (constitutional, civil, social security rights, etc.), the object of which is a dwelling premise, then at that point the possibility to apply for their protection a moral harm compensation proves the interbranch nature of moral harm compensation as a remedy and the universality of its application for the purpose to restore violated housing rights.

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