ARCHIVE FOR 2015 RUSSIAN
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Июль 2015
CONTENT
FREE TRIBUNE
Alexey Filippov Bankruptcy of a Debtor Undergoing Liquidation: How It Works In this (second) part of the article the author discusses main actions that are performed by debtors in
the course of preparation for liquidation and bankruptcy. He assesses importance and necessity of
these actions for ensuring control over bankruptcy proceedings and for minimisation of risks occuring
in bankruptcy. This analysis should help potential creditors and debtors protect their interests during
bankruptcy proceedings and prevent mistakes, which lead to negative consequences and losses.
The author also proposes his view of the nature of bankruptcy, which is based on the analysis of
foreign experience.
Keywords:
streamlined bankruptcy, bankruptcy of a debtor in liquidation, lack of debtor’s assets, preparations for bankruptcy
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Vladislav Savinykh Discussing Section 2 of Article 555 of the Civil Code of the Russian Federation with Regard to Problems Related to Cadastral Value and the Principle of Ownership Unity The article analyses rationale for section 2 of article 555 of the Civil Code of the Russian Federation,
which states that the price of a building by default includes the price of the land beneath it. Based
on the results of a price survey, the author argues that built-up areas are not circulable and do not
have any individual market value. The author suggests that land which has not been assigned
any individual price is excluded from the market since it is considered to form a single object of
ownership with a building on it. The author concludes that the principle of ownership unity presents
section 2 of Article 555 in a new light, proving that it is not merely a technical provision, but a clear
evidence of an unbreakable legal bond between a building and the land beneath it. In addition the
author examines the question of cadastral costs of a build-up land and discusses possibilities of its
application.
Keywords:
principle of ownership unity, value of developed land, object of circulation, cadastral value
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Sergey Pokrovskiy Secondary Liability: Problems of Its Regulation and Application This work analyses the concept of secondary liability developed in the article by V. Savinikh
“Secondary Liability: Economic Contents and Legal Essence”. The author examines legal cases
of secondary liability from the point of view of tort elements and identifies common features of the
relations which are required for its existence. In addition the author suggests his own understanding
of this type of liability. Finally, this article examines certain drawbacks of tort elements, namely those
ones that may cause difficulties when applying secondary liability in practice.
Keywords:
secondary liability, tort, tort elements, tortfeasor, subject matter of a tort
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Vadim Belov Problems of Business Inheritance The article analyses some provisions of the Draft Law No. 801269-6 proposed to the State Duma by
its member P.V. Krasheninnikov. The main focus of the article — the new provisions that shall add
to the Russian Civil Code certain legal instruments to save a business after the death of the person
who controls it (businessman, entrepreneur, oligarch). Although it is beyond any doubt that this idea
is good, the author has mixed feelings about its realization in the Draft Law.
Keywords:
inheritance, will, inheritance contract
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