ARCHIVE FOR 2015 RUSSIAN
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Июнь 2015
CONTENT
FREE TRIBUNE
Alexey Filippov Bankruptcy of a Debtor Undergoing Liquidation: How It Works This article examines terms and conditions for governing streamlined bankruptcy process. The
author describes the most common tricks used by the parties in cases related to bankruptcy of
debtors in liquidation, specifically those ones that allow to control debtor throughout the entire
bankruptcy process. The article covers such issues as relation between the statutory law and case
law approaches to streamlined bankruptcy proceeding, theory and practice of bankruptcy status
interpretation, relation between debtor's asserts and liabilities as well as significance of these figures.
The author analyses the new methods for governing bankruptcy procedures of debtors in liquidation
and examines tools that can establish effective control over bankruptcy proceedings. In addition, the
author proposes his personal position with regard to bankruptcy based on the analysis of foreign
experience.
Keywords:
streamlined bankruptcy, bankruptcy of a debtor in liquidation , lack of debtor’s asserts, preparations for bankruptcy
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Anna Sirotkina Commentary on the Resolution of the Supreme Court of the Russian Federation Concerning Compulsory Insurance of Civil Liability of Vehicle Owners The article analyses the Supreme Court clarification on the subject of obligatory civil liability insurance
of vehicle owners. The clarification aims at harmonization and unification of judicial practice of
arbitrazh and general jurisdiction courts concerning application of the relevant legislation.
The author describes some controversial approaches to the most sensitive issues in court practice
and in full detail discuses the algorithm for victims' rights protection. The article specifies eligibility
criteria for insurance compensation as well as procedural steps to protecting victims' rights and
covers such issues as complaint procedures and relation between a tort claim and insurance contract.
The author explores decisions related to the amount of damages, reimbursement procedures and
liability measures applicable to insurance companies in cases of delayed payment or nonpayment. In
addition, the author analyses some aspects of rights transfer under insurance contract, in particular
assignment and subrogation.
Keywords:
compulsory insurance of liability of owners of vehicles, consumer protection, damages, loss of commodity value, the insurance payment, tort claim
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Ekaterina Bonner Legal Problems with Correlation of Pledgee’s and Other Creditors’ Rights Throughout a long period of time there has been a search for a balance between interests of a pledger,
a pledgee and third parties. Legislation devoted to the problem in question has been changed repeatedly.
In the present article the author investigates legal approaches to finding a remedy for the problem of
correlation between pledgees’ and other creditors’ rights and analyses the settlement of this conflict
proposed by the edition of the Civil Code which came into force on 1 July 2014. According to the new
rules a creditor or another authorized person in whose interest debtor's property has been put under a
prohibition order has pledgee’s rights and duties concerning this property. The author analyses whether
the offered method is effective and indicates which issues demand further discussion.
Keywords:
pledge, pledgee creditor, foreclosure of the pledge, previous pledgee, subsequent pledgee, subsequent pledge
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Anna Ivanova Rights to Use Residential Property in Decisions of the Constitutional Court of the Russian Federation Russian legal system lacks a comprehensive framework to regulate rights to use property acquired
by the means of privatization and through membership in housing cooperatives. However, some of
these issues are covered by the judicial practice and judgments of the Constitutional Court of the
Russian Federation. This article analyses inter alia judgment of the Constitutional Court of 24 March
2015 which deals with the sale of the mortgaged residential property. The decision is said to be able
to maintain the balance between the interests of former and new owners of dwellings.
Keywords:
right to use residential property, regulation of property use, real estate encumbrances
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