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.

qualification of crimes

2021 ◽  
Author(s):  
Vladislav Antonov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Law Students ◽  
Practical Application ◽  
The Supreme Court ◽  
Law Enforcement Officials ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
Methodological Aspects

The textbook examines the theoretical aspects of the qualification of crimes, highlights the problems of practical application of the norms and institutions of criminal legislation. The paper analyzes the concepts and categories of criminal law, reveals the organizational and methodological aspects of the legal assessment of criminal encroachments. When preparing the manual, materials of judicial and investigative practice, guiding explanations of the Plenum of the Supreme Court of the USSR, the Russian Federation were used. The manual is addressed to law enforcement officials, lawyers, investigators, law students and anyone interested in the qualification of crimes.

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.

scholarly journals Criminal Law Violations in Labour Safety at Coal Mining Enterprises

2019 ◽  
Vol 105 ◽  
pp. 02018 ◽  
Author(s):  
Yury Volgin ◽  
Irina Gaag ◽  
Alexander Naumov
Keyword(s):  
Supreme Court ◽  
Coal Mining ◽  
Russian Federation ◽  
Mining Industry ◽  
Case Law ◽  
Criminal Code ◽  
Distinctive Features ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Safety Rules

The paper deals with the qualification of criminal violations of safety rules in coal mining enterprises in the light of recent changes in Art. 216 and 217 of the Criminal Code of the Russian Federation, as well as the adoption of a new Resolution of the Plenum of Supreme Court of the Russian Federation on violations of safety rules during operations. Firstly, the old and new editions of Art. 216 and 217 of the Criminal Code are compared. After that, the distinctive features of the articles under consideration are examined with the help of the new Plenum Resolution, federal laws and bylaws. Finally, the case law on this issue has been reviewed since 2016 with consideration of specific examples. In the paper, the authors do not address the issues of qualifying violations of safety rules at coal mining enterprises under Art.143 of the Criminal Code as it has not been changed. At the end of the study, the authors formulate the qualification rules taking into account the latest changes, without proposing any changes to the Criminal Code of the Russian Federation and other regulatory legal acts that do not include the Resolution of the Plenum of the Supreme Court, i.e. the results of the study can be used in practice. The problem is that there is a lack of research of the changes we are considering in the Criminal Code of the Russian Federation, and even more in relation to the coal mining industry.

scholarly journals PRESUMPTION IN MODERN LAW: CONCEPT AND LEGAL MEANING

2021 ◽  
Vol 31 (1) ◽  
pp. 70-80
Author(s):  
E.A. Anchishina
Keyword(s):  
Russian Federation ◽  
Practical Aspect ◽  
Point Of View ◽  
Judicial Practice ◽  
Legal Provisions ◽  
The Supreme Court ◽  
Simultaneous Existence ◽  
The Russian Federation ◽  
Definition Of ◽  
Legal Meaning

This article presents an analysis of the main existing approaches to the definition of the concept of legal presumption and its essence (logical-philosophical, legal and normative). The author's point of view on the presumption as a method of legal technique is substantiated, which is reflected both directly and indirectly in regulatory legal acts, as well as in the legal provisions of judicial practice, which is confirmed by specific examples from the Resolutions of the Plenums of the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation and other acts of judicial interpretation. In the course of researching the legal meaning of presumptions, the author highlighted its legal and practical aspect, which is expressed in overcoming the state of uncertainty regarding the existence of certain legal phenomena by fixing a certain assumption and, as a result, releasing a person interested in recognizing the existence of a fact from proving this existence. Particular attention is paid to the problem of determining the limits of the application of various legal presumptions and the admissibility of their simultaneous existence on the example of presumptions in civil law.

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 The peculiarities of exclusion of property necessary for professional activity of an insolvent individual from the bankruptcy estate

2021 ◽  
pp. 50-62
Author(s):  
Viktor Aleksandrovich Sharonov
Keyword(s):  
Russian Federation ◽  
Case Law ◽  
Professional Activity ◽  
Bankruptcy Law ◽  
Legal Norms ◽  
Procedure Code ◽  
The Supreme Court ◽  
Bankruptcy Procedure ◽  
The Subject ◽  
The Russian Federation

The subject of this research is the legal norms on the procedure for excluding the property necessary for debtor’s professional activity from the bankruptcy estate. The article covers the question on the possibility of excluding property necessary for the debtor to conduct professional activity, the value of which is 10,000 rubles or higher, from the bankruptcy estate. The goal of this works consists in consideration of a broader interpretation of provisions of the Paragraph 5 of the Part 1 of the Article 446 of the Civil Procedure Code of the Russian Federation jointly with clarifications of the Paragraph 2 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 25, 2018 No. 48 “On Certain Questions related to the Peculiarities of Formation and Distribution of the Bankruptcy Estate in Cases of Bankruptcy of Citizens” applicable to property of the debtor within the framework of insolvency (bankruptcy) procedure. The author analyzes the relevant civil legislation and insolvency (bankruptcy) law, as well as case law on topic. This article is one of the first attempts to systematize the relevant case law on the subject of exclusion of property necessary for debtor to conduct professional activity from the bankruptcy estate. Based on the results of analysis of the case law, national civil legislation and insolvency (bankruptcy)l law, the conclusion is made on impossibility of exclusion of property used by the debtor for professional activity, the value of which exceeds 10,000 rubles, from the bankruptcy estate in view of the failure of the economic model used by the citizen to ensure a normal life. The author questions the need to extend executive privilege onto the debtor’s property, which is required to conduct professional activity under the insolvency (bankruptcy) law.

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.

ONCE AGAIN ABOUT THE NATURE OF THE DIRECTOR'S LIABILITY TO A LEGAL ENTITY

2020 ◽  
pp. 113-121
Author(s):  
Akhmed V. Esendirov ◽  
Keyword(s):  
Russian Federation ◽  
Corporate Law ◽  
Good Faith ◽  
Law Reform ◽  
Legal Entity ◽  
The Russian Federation ◽  
Court Practice ◽  
Legal Entities

Eight years have passed since the implementation of the largest corporate law reform in 2013 and the adoption of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated July 30, 2013 No. 62 "On some issues of compensation for damages by persons who are members of the management bodies of a legal entity", but still the question the nature of their responsibility, as well as its standard, is controversial among researchers of corporate law and in court practice. This article explores various approaches to understanding the nature of the responsibility of members of the management bodies of a legal entity. The analysis allows the author to formulate a conclusion about the predominantly tort nature of the liability of members of the management bodies of legal entities in violation of their duty to act in good faith and reasonably.

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.

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