Magazine content за Июнь 2013 г.
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ARCHIVE FOR 2013    RUSSIAN

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Июнь 2013

CONTENT

 

Table of Contents You can read this article

 

FROM THE EDITORIAL OFFICE

K.L. Manaenkov Editorial Note

 

INTERVIEW OF THE ISSUE

I.M. Divin Administrative Proceedings Should Develop and Improve within the Existing Model of the Judicial System

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ON THE COURT

The Commercial Court of the Republic of Adygea

 

CASE OF INTEREST

Abuse of rights while entering into a sales contract

 

Inadmissibility of violation of functioning of the state authorities system

 

The initiative to grant a participant withdrawing from a legal entity with property in the amount of the actual value of his share should come from the legal entity and not from the participant

 

M.N. Kuzmina The Problem of Abuse of Rights through the Lenses of the Legal Conflict Resolution
The article contemplates the problem of abuse of rights during legal conflict resolution, its specific features arising in conflict resolution with the use of jurisdictional methods.
Keywords: legal conflict, conflict situation, methods and stages of legal conflict resolution, limits of subjective rights, abuse of rights
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N.V. Petrov Civil-law Preclusive Sanctions for Abuse of Rights in the Contract of Title Insurance
The article examines various legal consequences of abuse of rights in insurance. The author formulates signs of abuse of rights in contractual relationship, entailing application of preclusive sanctions.
Keywords: contract of title insurance, abuse of rights, civil sanction, insurance payout, civil liability, grounds for amendment to contract and termination of contract, property insurance
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I.V. Petrova Defects of the Legislation as a Prerequisite for Abuse of Rights (by the example of privatization law)
The author investigates the sources of abuse of rights by the example of privatization law to demonstrate how gaps of legal regulation, uncertainty of rules of law and their collisions contribute to the use of civil rights out of accordance with their purpose.
Keywords: abuse of rights, article 10 of the Civil Code of the Russian Federation, privatization law, legal collisions
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A.A. Sapfirova Abuse of Labour Rights: Concept, Signs, Specific Features
The article deals with problems of elaborating the definition of the concept of ‘abuse of rights’, in particular, abuse of labour rights. The author’s definition of the concept is specified in the article. A study of examples of abuses of labour rights is accompanied by protective measures.
Keywords: abuse of rights, violation of aim of the right, damnification, boundaries of the right
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S.A. Kuznetsov Responsibility for Omission Worsening the Situation of Another Person in the Liability
The author asserts that in some cases failure of a person to exercise his or her civil rights may not correspond to the legitimate interests of other individuals, legal status thereof in the liability may deteriorate due to non-exercise of rights or an act of omission.
Keywords: responsibility, omission, liability
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ANALYTICS: FREE TRIBUNE

S.M. Ilyushnikov, E.S .Nikolaychuk To the Issue of Judicial Discretion and Judicial Interpretation
The article contemplates legal problems of defining the concept of ‘judicial discretion’ and issues relative to the necessity of its formulation, examines the concept of ‘judicial interpretation’, as well as the correlation existing between the two concepts.
Keywords: legal discretion, judicial discretion, interpretation of the rules of law, judicial discretion, judicial interpretation
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M.I. Lokova Application of Provisions on Assignment of Rights (Claims) to Certain Civil Contracts
The article investigates specific features of assignment of rights (claims) arising within the framework of specific civil liabilities, analyzes the possibility of direct application of provisions on assignment of claims contained in Chapter 24 of the Civil Code to different types of contracts.
Keywords: assignment of rights (claims), substitution of persons in obligations, transfer of debt
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M.V. Royenko Employer's Liability under Article 18.15 of the Code of the Russian Federation on Administrative Offenses for violation of immigration laws
The article envisages some issues of bringing employers to administrative liability for failure to comply with immigration laws in accordance with provisions of Article 18.15 of the Code of the Russian Federation on Administrative Offenses by the example of arbitration practice of the North Caucasian Federal District. The author identifies cases when admission of a foreign employee to work without a work permit can be regarded as a minor offense.
Keywords: migrant, foreign employee, employer, minor offense
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S.Yu. Storozhenko Procedure for Determining the Amount of Compensation for Seizure of Land Plot for Construction of Olympic Facilities
The author of the article poses the question whether it is lawful to cut into separate proceedings claims for determining the amount of compensation for seizure of property and losses on considering a claim for seizure of immovable property for public use?
Keywords: seizure of a land plot, grounds for termination of rights for land plots, compensation for seized property, procedure for seizure of land plots for Olympic facilities
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A.V. Khotko On Grounds for Revision of the Cadastral Value of Land Plots
Recent changes in the legislation (land law, law of valuation, arbitration procedural law) and new legal positions of superior courts of the Russian Federation on issues related to revision of results of the state cadastral valuation of land allow balancing the public fiscal interests of the state and private interests of land users in determining the amount of payment for land that contributes to realization of the main principle of land and environmental law - the efficient and sustainable use of land.
Keywords: principle of payment for land use, fee for the land, land tax, state cadastral valuation of land, cadastral value, market value, land disputes
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V.V. Gryazeva Possibility of Challenging under Chapter 24 of the Arbitration Procedure Code of the Russian Federation of Admonitions and Warnings Passed by an Anti-monopoly Authority
Admonitions and warnings passed by an anti-monopoly authority do not possess the signs of a non-regulatory legal act which may be declared invalid by the court. Therefore, can they be challenged?
Keywords: challenging acts of an antimonopoly authority, chapter 24 of the Arbitration Procedure Code of the Russian Federation, admonition of an antimonopoly authority, warning of an antimonopoly authority
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L.A. Dushakova Operation of Law in Time: Problems of Application of Article 1.7 of the Code of the Russian Federation on Administrative Offenses
The article concerns issues of the retroactive effect of the legislation on administrative offenses.
Keywords: operation of law in time, Article 1.7 of the Code of the Russian Federation on Administrative Offenses, retroactive effect of the law
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COMMUNITY NEWS

News of the Fifteenth Appeal Commercial Court

 

News of the Sixteenth Appeal Commercial Court

 

News of the Commercial Court of the Kabardino-Balkar Republic

 

News of the Commercial Court of the Republic of Karachay-Cherkessia

 

News of the Commercial Court of Krasnodar Territory

 

News of the Commercial Court of the Republic of Adygea

 

News of the Commercial Court of the Republic of Ingushetia

 

News of the Commercial Court of the Rostov region

 

News of the Commercial Court of Stavropol Territory