Legal Aspects of Bankruptcy of a Homeowner Association

The article is devoted to the legal aspects of the bankruptcy of homeowner association. Authors underline different factors that cause bankruptcy of homeowner association, analyze peculiarities of bankruptcy of homeowner association. There is also research of legal grounds for the withdrawal from membership of homeowner association during the process of bankruptcy.

Protection of Rights of a Secured Creditor, Resident of the Russian Federation, in Bankruptcy of a Cyprus Company

The article considers a situation in which a Cyprus company is in an economic crisis, and the claims of one of its creditors, a Russian legal entity, are secured by a pledge of real estate located on the territory of the Russian Federation. The author reveals what rights such a creditor has and which are better used to protect creditor’s property interests.

Bankruptcy and Enforcement Proceedings: Legal Institution Correlation Issues

The author defends the position that it is inadmissible to identify the mechanisms of bankruptcy and enforcement proceedings, examining the aspects of the permissibility of initiating bankruptcy proceedings by the bankruptcy creditor of the debtor, a legal person whose claims are based on a judicial act that has entered into force, according to which the possibility of enforcement has been lost. The article proves that, in view of the function that the insolvency process performs for corporations, the initiating creditor should not be limited by the rules of limitation, since it actually acts in the interests of the civil law community, which unites all creditors of the debtor.

Civil liability of architect under law of the Federal Republic of Germany

The paper examines issues related to the civil liability of architects under law of the Federal Republic of Germany. Particular attention is paid to the study of the court practice in Germany, which consistently clarifies the norms of the current legislation. Various points of view of German scientists in relation to this issue are presented.

On the Concept of the Development of the Legal Regulation of Relationships in the National Healthcare Digitization Sphere

Digitalization of domestic healthcare is one of the strategic tasks facing the digitalization of the Russian economy. The solution of this task is impossible without creating a proper legal basis. Without removing legal barriers, it is impossible to introduce the latest information and communication technologies that provide significant benefits in achieving the highest level of health. The article highlights three main areas of digitalization of Russian healthcare, and based on the analysis, the forecast of further improvement of Russian legislation in the framework of these areas is presented.

Subjects of Administrative Jurisdiction in Fishing and Preservation of Aquatic Biological Resources

The paper considers the general provisions on the subjects of administrative jurisdiction, their composition. The subjects of administrative jurisdiction in the field of fisheries and conservation of aquatic biological resources are distinguished. A comparative description of the subjects of administrative jurisdiction in the field of fishing in accordance with the Code of Administrative Offenses of the RSFSR and the Code of Administrative Offenses of the Russian Federation is given. An attempt is made to determine the problematic aspects of administrative jurisdiction in the field of fisheries.

Plurality of Persons on the Debtor’s Side in Real Estate Developer Insolvency (Bankruptcy) Cases

The article is devoted to the analysis of the possibility of using the structure of a plurality of persons on the side of the debtor in Russian law enforcement practice. The proposal is due to the lack of efficiency in achieving the goal of applying special provisions of the legislation on bankruptcy of developers to protect the rights of citizens in cases of establishing requirements for the transfer of premises in relation to one object in bankruptcy cases of different debtors. The analysis is carried out on the basis of foreign experience, existing domestic law enforcement practice and the development of the concept of a plurality of persons in bankruptcy cases in the scientific literature. Positive and negative aspects are evaluated.

The Russian System of the Legal Regulation of Bankruptcy Relationships: The Status and Development Tendencies

The article analyzes the main provisions of the current Russian Bankruptcy Act, as well as discusses the discussion issues related to its further improvement. In addition, there is a general critical assessment of some changes in the bankruptcy law of the European Union and Germany, as well as the Russian bill on the upcoming changes to the current Bankruptcy Act. The position is to be defended that the principles on which bankruptcy law should be based are: (a) the maximum possible simplification, leading to a reduction in the time frame for bankruptcy proceedings and, consequently, the preservation of the competitive mass and the fullest satisfaction of creditors’ claims; b) Ensuring the protection of creditors’ rights and interests in a bankruptcy case on the basis of the beginning of the equality of competing creditors (of course, with exceptions).

Lot Forming within the Framework of Pledged Property Sale in Bankruptcy

The article is devoted to a comprehensive study of joint sale’s of pledged and non-pledged property mechanism. Under this procedure, secured creditors are deprived of their special rights provided by Article 138 of the Russian Insolvency Law. The author pays special attention to the development of an approach that allows to maintain a balance of interests of all creditors.

A Vindicatory Action as a Legal Measure of Protection of Property Rights of Legal Entities

The vindication claim is a traditional way of protecting the legal entities real property. The problem of vindication does not lose its relevance in the conditions of the development of a market economy and property turnover both theoretically and practically. The main idea of this article is to identify the features of the vindication claim use as a way of protecting the legal entities real property. To achieve this goal, the author formulates the following tasks: the analysis of the possibility of the real property vindication; identification of the specifics of the real property as the vindication objects; the role of the real property state registration; identification of features of the vindication procedure in relation to the legal entity will; analysis of legal positions developed by judicial practice.