ARCHIVE FOR 2012 RUSSIAN
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Апрель 2012
CONTENT
Chief editor’s column
Interview of the issue
The Event. Comments of the Experts
No-Cheap Representation: A New Word In The Practice Of Judicial Expenses Compensation On March 15б 2012 in one of the cases under review the RF SCC Presidium did not find grounds to reduce the amount of the expenditures, recovered from the defeated party, for payment of statutory representation services. The amount of approximately RUR 3 mln. is in itself capable to considerably astonish professionals, who know the relevant practice, but there is more to it than that – the salt to the event is added by the fact that the money will be charged from the state (a tax dispute was under the review). What are the consequences of adopting such a decision for legal community and for business?
Topic of the issue
Galperin M.L. ‘The Future Of Enforcement Proceeding: Problems Of Cooperation Between The Substantial And Procedural Law’ The article is dedicated to the topical issues of the enforcement proceedings' development from the point of view of its correlation with the branches of the substantial and procedural law. The author made an attempt to identify the connection between the civil law and norms of the enforcement law, to follow the path from substantive basics of enforcement proceeding to its specific institutions. The aim of this analysis was the search of comprehensive solutions to the problem of compulsory execution system in modern Russia.
Keywords:
enforcement proceeding, civil law, civil practice, remedy methods
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Bondarenko V. Yu. ‘Modern Tendencies of Enforcement Proceeding And Execution Methods Of Judicial Acts’ The article reviews topical issues related to the stage of judicial acts’ execution. The Russian Federal Bailiff Service’s statistics for 2009-2011 on the percentage of judicial acts’ execution is being analyzed; critical analysis of the problems, existing in the enforcement system is provided. Also the examples of modern methods of judicial acts’ execution are given and recommendations on the improvement of the Federal Bailiff Service work are produced.
Keywords:
enforcement proceeding, methods of judicial acts’ execution, restriction to exit, bailiffs’ work statistics
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Shabrov R.V., Vaneyev A.S. ‘Tracing Of A Debtor And His Property Within The Limits Of The Enforcement Proceeding: Novations And Archaics’ The authors review one of the most urgent problems arising at the stage of judicial acts’ execution. On the basis of a detailed analysis of the Russian legislation on enforcement proceeding and the experience of foreign legal orders in the reviewed sphere, there are noted some positive tendencies related to recent changes in the legislation. However the inertness in the bailiff’s activities and imperfection of the enforcement proceeding laws do not allow talking about the creation of an effective mechanism of tracing of debtors and their property.
Keywords:
property tracing, debtor’s tracing, bailiff, information technologies, police, plaintiff
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Zhdanukhin D.Yu. ‘Debt Collection Agencies And The Bailiff Service: Forms Of Cooperation’ Improvement of the state and private mechanisms of debt problems’ resolution is connected with both statutory regulation and with the appearance of new forms of their cooperation. The author analyses main draft laws on debt collection activities and draws attention to the necessity of raising the role of informational motivation of voluntary execution by the debtors of their obligations.
Keywords:
bailiffs, debt collection, PR-support of the enforcement proceeding
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Discussion Board
Uvarov V.V. ‘Sources of Criminal Law' The article analyses the concept of the criminal law and its connection with the competency of the authorized body, provides classification of sources depending on their legal effect and states a suggestion on the systematization of criminal legislation.
Keywords:
criminal law, source of criminal law, criminal-legal sphere, administrative responsibility, legal persons’ responsibility
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Judicial practice. Comments
Alteration of the government contract’s terms and payment for the executed works The contract for the execution of construction works for the amount exceeding RUR 20 mln was concluded by a municipal customer following the results of the sales by the auction in the electronic form. During the work performance the contractor, without the agreement with the customer used the grid reinforcement of smaller diameter, than that indicated in the contract's budget estimate. As a result the cost of the used materials was reduced for 400 thousand Rubles. However the customer does not have any claims in relation to the quality of the executed works. How payment for the executed works is made in this case?
Theory and practice
Rasskazova N.Yu. ‘Risk Of The Debtor’s Death And The Future Of A Guaranty (In Relation To The Draft Decrees Of Plenums Of Highest Courts)’ The article touches upon the issue that gave rise to disagreements among the highest courts: should the guarantor's obligations be preserved after the debtor's death and upon which conditions? The author provides the solution that takes into account both the logics of the guaranty relations’ development and the realities of the credit market. The author reviews the problem which was not widely discussed - the problem of the antecessor creditors’ rights for the coverage to be paid in case of the debtor’s death.
Keywords:
security for the performance of obligations, guaranty, succession, the debtor’s life insurance.
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Solomin S.K., Solomina N.G. ‘Debt Forgiveness: Qualification Issues’ The article justifies the approach to debt forgiveness as one of the forms of the deed of gift, identifies peculiarities in the application of debt forgiveness to the contractual and non-contractual obligations, and provides general concept of a debt for the purposes of art. 415 of the RF CC.
Keywords:
obligation, debt, debt forgiveness, extinguishment of obligations, deed of gift
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Akulina T.I. ‘Legal Status Of A Health Worker As A Special Holder Of The Labor Law’ A health worker is a special holder of the labor law who possesses special juridical personality and a legal (labor law) status. The author analyses the differences between health workers and other persons who participate in medical treatment and the specifics of the legal situation of this type of workers as holders of the labor law.
Keywords:
legal status of health workers, doctors, medical activities, special holders of the labor law
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