scholarly journals SOME ISSUES OF SYSTEMATIC LAW ENFORCEMENT PRACTICE IN RESOLVING DISPUTES ON THE DIVISION OF PROPERTY IN COMMON OWNERSHIP AND ALLOCATION OF SHARES FROM COMMON PROPERTY

2021 ◽  
Vol 7 (73) (1) ◽  
pp. 261-269
Author(s):  
N. A. Ablyatipova ◽  
E. V. Kunitsa
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Common Property ◽  
Scientific Literature ◽  
District Court ◽  
Judicial Practice ◽  
Common Ownership ◽  
Central District ◽  
The Russian Federation ◽  
A Share

In this article, based on the analysis of the current civil legislation, judicial practice and scientific literature, some problems of the division of property in common share ownership and the separation of a share from common property are investigated. Individual cases of implementation of Article 252 of the Civil Code of the Russian Federation are analyzed on the example of decisions of the Central District Court of Simferopol, sepa-rate features of the procedure for consideration and conditions for satisfying claims are highlighted. The authors considered the issue of the need to clarify the provisions on the division of property and propose specifying the cases of the need to file a claim for the division of property, delimiting this institution from the allocation of a share.

scholarly journals CORRELATION OF LEGAL STRUCTURES OF A PRELIMINARY CONTRACT AND AN OPTION TO CONCLUDE A CONTRACT: ANALYSIS OF THEORY AND SYSTEM OF LEGAL PRACTICE

2021 ◽  
Vol 7 (73) (1) ◽  
pp. 270-280
Author(s):  
N.A. Ablyatipova ◽  
A.V. Adler
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Scientific Literature ◽  
Legal Practice ◽  
Judicial Practice ◽  
Legal Nature ◽  
Legal Structures ◽  
The Russian Federation ◽  
Similarities And Differences ◽  
Contractual Structures

In this article, based on the analysis of the current civil legislation, judicial practice and scientific literature, the problem of the correlation of a preliminary agreement with an option to conclude an agreement is considered. Their legal nature is analyzed, criteria for similarities and differences between the specified contractual structures are determined. The paper provides examples of cases of incorrect differentiation of a preliminary contract and an option to conclude a contract in practice, and also describes the features of their qualification as mixed contracts. The authors conclude that the design of a preliminary contract is different from an option to conclude a contract, despite some similarities. The necessity of legal delimitation of the specified contractual forms, as well as the inclusion of some mixed structures in the Civil Code of the Russian Federation, which will allow to avoid their misuse by the law enforcement officer, is noted.

Joint bankruptcy of spouses: theory and practice issues

2021 ◽  
pp. 271-280
Author(s):  
Irina E. Belova
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Scientific Literature ◽  
Theory And Practice ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Subject ◽  
The Russian Federation ◽  
The Right

We research the issue of the current law enforcement practice of considering cases of joint bankruptcy of spouses in the framework of insolvency procedures of individuals. We emphasize that at the legislative level, joint bankruptcy of spouses and multiple persons on the debtor’s side is not provided for. Initially, this resulted in a lack of courts’ uniform approach, which has become a subject of discussion in the scientific literature. In this context, we pay attention to the importance of adoption by the Plenum of the Supreme Court of the Russian Federation of position on the combining admissibility of spouses’ banknote cases. In turn, the permissibility of combining cases did not resolve the issue of possibility of accepting a joint bankruptcy application, which again led to discrepancies in judicial practice. Special attention is paid to the admissibility of combining cases, which is the right of the court, and not its duty. We note that the arbitration courts, when solving this issue, study such circumstances as the subject composition of the persons participating in the cases of debtors, the volume and nature of prop-erty that is part of the bankruptcy estate of each debtor’s property, the per-formance of duties of financial manager by the same person. Despite the de-veloping judicial practice of joint bankruptcy of spouses, justified by the ex-planations of the Plenum of the Supreme Court of the Russian Federation, we believe that it expedient and necessary to establish the grounds, procedure and conditions for joint bankruptcy of individuals who are spouses at the legislative level.

Features of Judicial Practice in the Russia as the Basis of Precedent

2020 ◽  
pp. 98-106
Author(s):  
V. V. Levin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Armed Forces ◽  
Case Law ◽  
Constitutional Court ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Law Making

The article is devoted to the analysis of judicial practice as the basis of law-making activity in the Russian Federation, on the basis of which it is possible to create a precedent. Case law in Russia is Advisory in nature and is not mandatory for law enforcement practice. Courts use the signs of case law in their decisions in the reasoned part. Signs of case law is a ruling of the constitutional court of the Russian Federation and regulations of the armed forces of the Russian Federation.

scholarly journals Extension of a fixed-term employment contract: some theoretical and practical issues

2019 ◽  
pp. 65-72
Author(s):  
Sergey Kichigin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Necessary Conditions ◽  
Practical Work ◽  
Applied Problem ◽  
Employment Contract ◽  
Labor Contract ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Term Labor

The problem of introducing changes to a fixed-term employment contract in terms of amending (extending) its term is an urgent applied problem in the work of personnel services, which often arises in the course of their practical work. Argued, based on established judicial practice, the solution to this problem will create clarity in the application of the norms of the Labor Code of the Russian Federation. The norms of the Labor Code of the Russian Federation do not contain a ban on the application of the provisions of art. 72 of the Labor Code of the Russian Federation. However, to date there is no single, reasoned opinion on whether it is possible to change the term of a fixed-term employment contract, and if possible, under what conditions? On this issue, there are polar opinions. Both the courts and state authorities have repeatedly changed their position on this issue, right up to the diametrically opposite. In this paper, the author attempts to answer this question on the basis of the existing judicial practice and the courts understand the relevant provisions of the Labor Code of the Russian Federation, the opinions of the federal authorities of the Russian Federation, as well as their own attempts to interpret the provisions of the law, and concludes that the term of a fixed-term labor contract in the presence of compliance with the necessary conditions dictated by the norms of the Labor Code of the Russian Federation, established law enforcement practice.

The Features of Proving of the Property Transfer Fact under the Contract of Lease of a Buildings and Structures (Based on Judicial Practice Materials)

2021 ◽  
Vol 5 ◽  
pp. 29-37
Author(s):  
S. P. Balabanov ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Effective Strategy ◽  
Judicial Practice ◽  
Property Transfer ◽  
The Russian Federation ◽  
Admissible Evidence

The article is devoted to the consideration of the problem of proving of the property transfer fact under the contract of lease of a buildings and structures, in the absence of an act of acceptance and transfer. The purpose of the article is to determine the most effective strategy for proving the property transfer fact under the contract of lease of a buildings and structures. Achieving this purpose requires determining the essential features of specified contract, as well as identifying and analyzing the approaches, that have been established in law enforcement practice, regarding to admissible means of proving the property transfer fact. In the course of the research, analyzes the materials of the judicial practice of the arbitration courts of the Russian Federation for disputes arising from the contract of lease of a buildings and structures. Based on the analysis, the author of the article substantiates the conclusion that the act of acceptance and transfer is not the only evidence confirming the property transfer fact and also forms an approximate list of admissible evidence that can be used in court for proving this fact.

Law enforcement practice in the field of budget: theoretical-legal and judicial-arbitration aspects

2021 ◽  
Author(s):  
Hristina Peshkova ◽  
Vladimir Pachkun
Keyword(s):  
Law Enforcement ◽  
Graduate Students ◽  
Russian Federation ◽  
Financial Control ◽  
Constitutional Court ◽  
Educational Organizations ◽  
Judicial Practice ◽  
Legal Provisions ◽  
The Supreme Court ◽  
The Russian Federation

The monograph examines the practical aspects of the application of the budget legislation of the Russian Federation in judicial practice — the practice of the Supreme Court of the Russian Federation and arbitration courts, as well as the functions of the Constitutional Court of the Russian Federation on the interpretation of budget legislation. The article analyzes the theoretical and legal provisions of law enforcement activities in the field of the budget, as well as the categories of budget and legal science. For legal scientists, graduate students, students of legal educational organizations, as well as practitioners of courts, financial control bodies and other state and municipal institutions.

Interrogation of foreign citizens: Criminal procedure and psychological aspects

2019 ◽  
Vol 4 (4) ◽  
pp. 57-67
Author(s):  
Madina Makarenko
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Status ◽  
Scientific Literature ◽  
Criminal Procedure ◽  
Psychological Aspects ◽  
Average Decrease ◽  
The Past ◽  
The Russian Federation ◽  
Psychological Features

The possibility of illegal movement of foreign citizens from countries of residence across state borders to the territory of the Russian Federation has led to the fact that most of them have been criminally active in recent years. Over the past three years, the rate of crimes committed by foreign citizens and stateless persons has not significantly decreased (an average decrease of 6% per year). Based on an analysis of the scientific literature and law enforcement practice, the article discusses some criminal procedural, psychological and other features of interrogation of foreign citizens in criminal investigations. The following features and factors that influence the conduct of interrogations with the participation of foreign citizens are highlighted as necessary: the legal status of a foreign citizen, including the presence or absence of legal immunity or citizenship; language barrier, a complex of ethno-social, ethno-cultural and psychological features of its existence and development.

scholarly journals Submission of prosecutorial decision in a civil procedure

2020 ◽  
pp. 114-123
Author(s):  
Svetlana Gennad'evna Byval'tseva ◽  
Artem Aleksandrovich Kovalev
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Scientific Literature ◽  
Case Law ◽  
The Public ◽  
Judicial Practice ◽  
The Subject ◽  
The Russian Federation ◽  
Civil Cases ◽  
Court Hearing

The object of this research is the public relations arising when the prosecutor is involved in court hearing of civil cases by intervening into a case for delivering an opinion in the appellate, cassation and supervisory bodies, as well as problematic aspects of the application of his powers to deliver an opinion in the aforementioned bodies. The subject of this research is the materials of prosecutorial law enforcement and judicial practice, norms of civil procedural legislation of the Russian Federation that regulation these public relations, as well as positions formulated on the matter. Despite the fact, that the scientific literature paid attention to the separate aspects of submission of prosecutorial decision, the questions of submission of prosecutorial decision in the retrial of civil cases did not receive due coverage. Such situation led to a contradictory approach towards the question on possibility of delivering an opinion by the prosecutor in retrial of civil cases in the theory and case law. Therefore, based on the conducted research, the author makes recommendation with regards to exercising prosecutorial powers in submission of decision in retrial of civil cases by the courts, as well as the changes in current legislation that would bring certainty into these legal relations and contribute to elimination of the emerged contradictions.

scholarly journals Implementation of the principle of payment of land-use on the example of land tax: possibilities and issues

2021 ◽  
pp. 1-9
Author(s):  
Igor' Olegovich Nadtochii ◽  
Vera Nikolaevna Plesnyakova
Keyword(s):  
Land Use ◽  
Law Enforcement ◽  
Russian Federation ◽  
Close Attention ◽  
Tax Base ◽  
Local Taxes ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Economic Goods ◽  
Exhaustive List

This article examines the relevant problems of land law – one of the most dynamically developing branches of law in the Russian Federation, and one of the first to undergo changes in the context of modernization of vectors of state legal policy. Analysis is conducted on the fundamental importance of the principle of payment of land-use on the example of land tax. The author explores the problems of the object of land tax and tax base, calculation of cadastral value. The conclusion is made that the chosen path of development of the land tax is unfeasible, thereby requiring an alternative solution. According to the legislation of the Russian Federation, land is one of the key economic goods. The Russian legislator gives close attention to the commerce in land of various purpose. Land tax is the equivalent of rental charge. Such similarity is interchangeable in judicial practice. There are a number of issues in land tax regulation. The constituent entities of the Russian Federation are currently limited to establishing the exhaustive list of local taxes. The organizations and private entities are not recognized as taxpayers individuals with regards to land plots in uncompensated limited use or under a lease agreement. The post-Soviet states attribute land plots with ownership right as an object of taxation. The legislative and law enforcement practice on land tax in the Russian Federation indicates a close connection between land and civil legislation. For the purpose of replenishment of budgets, the Russian Federation took the path of increasing the tax burden. It is necessary to find the new ways for implementing the principle of payment of land-use in form of land tax, which would effectively address the problems of local financing.

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