Magazine content за Август 2011 г.
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ARCHIVE FOR 2011    RUSSIAN

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Август 2011

CONTENT

 

Contents

 

OFFICIAL SECTION

Training conference “Implementation of key principles of environment protection. Research and practice achievements”.

 

A professional workshop dedicated to professional development of management and officials of HR departments of arbitration courts

 

Joint meeting of judges of the Federal Arbitration Court for the Western Siberian District and Administration of the Federal Tax Service for the Tyumen Region

 

Joint meeting of judges of the Federal Arbitration Court for the Western Siberian District and Administration of the Federal Antimonopoly Service for the Tyumen Region

 

News of courts of the Tyumen Region

 

On activities of federal courts of general jurisdiction and peace judges of the Tyumen Region in 2010.

 

COURT PRACTICE

Some cases from the practice of the Federal Arbitration Court for the Western Siberian District related to disputes connected with insurance agreements

 

Some cases from the practice of the Federal Arbitration Court for the Western Siberian District related to disputes connected with cadastral value of lands

 

Some cases from the practice of the Arbitration Court for the Khanty-Mansi Autonomous Area – Yugra related to disputes connected with application of the Law on Obligatory Motor Insurance for 2009—2010.

 

IN COURTS OF WEST SIBERIA

On the Arbitration Court of the Novosibirsk region

 

O.L. Gerasimova “The occupation has chosen me”

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Guidelines for conducting proceedings arising from disputes related to non-fulfillment or improper fulfillment of obligations under insurance agreements

 

On Novosibirsk Regional Court

 

V.I. Mikhaylenko “Presentation of courts activities can and must be performed only in cooperation of journalists and the judicial community”

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THEORY AND PRACTICE

L.A. Kriukova Compulsory insurance of the civil liability
This article deals with procedural enforcement of regulatory provisions related to compulsory insurance of the civil liability in the arbitration and court practice.
Keywords: procedural laws, insurance, civil liability
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M.Y. Kaygorodova Property interests insurance under preliminary agreements
Preliminary agreements are widely used in the civil circulation. The practice of resolution of disputes related to fulfillment of preliminary agreements by arbitration courts and courts of general jurisdiction gives evidence of the need for more clear legal regulation of relations fixed by a preliminary agreement. The author takes stock of proposals on improvement of the preliminary agreement concept given in scientific literature that are grounded on theoretical views on acceptability of property provision under a preliminary agreement.
Keywords: preliminary agreement, preliminary obligation, property provision under an agreement, insurance
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N.A. Sharova Some issues of provision of evidence in support of actions in a subrogation procedure
This article is devoted to particular reasons for judicial disputes arising from insurance relationship, adjudicative circumstances and evidences in question. The author points at different evaluation of one-type evidence in similar disputes arising from insurance relationship. The article also deals with impact of procedural behavior (omission) on evaluation of reliability and sufficiency of evidence provided by the adversary and results of dispute disposal on the merits.
Keywords: insurance, traffic accident, insurer, subrogation, comprehensive insurance (CASCO), obligatory motor insurance (OSAGO)
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E.N. Kulebiakina The practice of application of provisions of the RF Civil Code related to insurance agreements in determination of insurer’s obligation to make an insurance payment and determination of insurance payment amount
In this article the author looks into provisions of the RF Civil Code related to insurance agreements. Relevant precedents are analyzed and difficulties in law enforcement are revealed.
Keywords: insurance, insurance payment, civil laws
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V.I. Morozov, K.V. Morozova On procedural status of teacher and psychologist in examination of minors
In this article the authors analyze the need for introduction of a provision determining the status, rights and obligations of teachers and psychologists in the RF Criminal Procedure Code as currently their position is legally indefinite though such specialists are widely involved in proceedings with participation of minors.
Keywords: teacher, psychologist, minor, examination, the RF Criminal Procedure Code
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E.V. Kirichek Specific issues of constitutional and regulatory fixation of human and civil rights and liberties in public justice
In this article the author analyzes the existing classification of human and civil rights and liberties, lays special emphasis on the role of the right to protection of rights within this system, and points at the need for its separation into a special category.
Keywords: protection of human and civil rights and liberties, human and civil rights and liberties, structure of rights and liberties
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L.V.Nazarycheva Mediation in arbitration proceedings. Theory and practice
Currently, the issue of mediation and its implementation in Russian legal system becomes the more essential and debatable. The author describes not only the very meaning of the mediation term but also the practical application of the relevant procedures in arbitration proceedings.
Keywords: mediation, conciliation of parties, mediation agreement
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Resolution of the Federal Arbitration Court for the Western Siberian District dated August 02, 2010 on the case No.А46-24855/2009 and Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation No. 15932/10 dated April 19, 2011

 

ABOUT WORK AND PRIVATE LIFE

O.I. Antipina “Each case is unique and that is why absolute solidarity is unachievable but a unified approach to law enforcement has to be applied"

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N.M. Komkova “Law enforcement skills are the prerequisite for holding the post of judge".

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