ARCHIVE FOR 2013 RUSSIAN
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Ноябрь 2013
CONTENT
FROM THE EDITORIAL OFFICE
INTERVIEW OF THE ISSUE
ON THE COURT
CASE OF INTEREST
Turchin I. G. Legal features of the state of the property the peasant community and its members, associated with the introduction of changes into the first part of the civil Code of the RF The first package of amendments to the Civil Code subjects the farm enterprises, created as legal entities as per law “On peasant (farm) economy as of 1990, to article 86.1 of the Civil Code. Whether the provisions of the new law, established, that the property of the peasant economy was owned by it, are applicable to such enterprises, the members of which had the tenancy in common or joint tenancy? Whether the tenancy in common (joint tenancy) of the members of the community is automatically transformed into the property of the legal entity?
Keywords:
new civil law, peasant (farm) economy, legal entity, individual businessman, joint tenancy, tenancy in common
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Vasilyeva E.G. Tax control crossing by the taxpayer as the abuse of right. The issues of the protection of the good faith taxpayer and methods of countermeasures against the abuse of right in the area of taxation have not been sufficiently regulated in the valid legislation. If the Tax Code of the RА will be amended accordingly it will lead to the decrease of a number of disputes.
Keywords:
abuse of right, tax control crossing
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Ponomarenko R.V. The building tenancy as a limited proprietary right in the draft Civil Code of the RF The articles considers the significant conditions of the contract on establishing the building tenancy and shortages of the Civil Code regulations, planned to be adopted, are revealed. The conclusion about the necessity of the follow-up of certain provisions regarding the building tenancy prior to the final adoption of them is made.
Keywords:
building tenancy, the contract on establishing the building tenancy, duration of the contract, change of contract conditions, rental lease of the land plot
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ANALYTICS: FREE TRIBUNE
Gryada E.A. The acquisition of title for the land plot on the basis of the built-up area development contract The articles considered the features of the legal regulation of the relations on the acquisition of title for the land plots on the basis of the built-up areas development contract. The analysis of the town-planning and land legislation on the order and conditions of taking decisions about the built-up area development and land plot grant, as well as of the judicial practice of the legislative execution is presented.
Keywords:
land plot, built-up areas development, the built-up areas development contract, title for the land plots
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Ginsburg I.V. Criteria of the acquisition of title for the land plot by the public parties In the opinion of the author of the article the boundary determination of the state property between the public parties requires an additional attention to the solution of legal problems on the assignment of title of the public owners of various levels. In association with that the criteria, which should be made a basis of the division of the title of the public ownership of land between the Russian Federation, its subjects and municipal formations, are studied.
Keywords:
public ownership of land, the division of the title of the public ownership of land
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Deneka I.M. The formation of the system of reopening court acts in the USA The article considers the distinctive features of forming a system of court decisions appeal in the USA: the formation of the powers of the Supreme Court of the USA on reopening court acts, the creation of an intermediate juridical instance in the federal court system, the transformation of the powers of superior courts on the reception of the complaints of court acts.
Keywords:
appeal of court acts, the federal court system of the USA, certiorari
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