Журнал ЗАКОН

Veniamin YAKOVLEV, Chairman of the Private Law Research Center under the President of the Russian Federation, answers the questions of Yan Piskunov, Chief Editor of LAW magazine.

Irina IKONITSKAYA shared memories of her husband Mikhail Grigoryevich Rosenberg.

Students, friends and colleagues of Sergey Sergeyevich Alekseev and Mikhail Grigoryevich Rosenberg shared memories of the great scientists.

We re-publish the interview of Sergey Sergeyevich Alekseev published in LAW magazine in 2009 in honor of the scientist’s anniversary.

Interview with Mikhail Grigoryevich Rosenberg for LAW magazine dedicated to problems of private international law

Federal Law № 64-FZ that came into effect in the beginning of May re-established the procedure of sending a criminal case for fresh investigation. The law was ambiguously perceived by the public. The media has already signaled that it can actually lead to an increase in terms of investigation, and, therefore, application of preventive measures for persons whose guilt has not been established by the court. In modern Russia fresh investigation was widely used during the validity of the Code of Criminal Procedure of RSFSR, 1960. In the course of criminal procedure reforms during preparation of the Code of Criminal Procedure of the Russian Federation, the decision was taken to abandon the possibility of sending a criminal case for fresh investigation, provided that the case was already being considered by the court. The institution was partially restored under the influence of the legal position of the Constitutional Court of the Russian Federation. To what extent the partial restoration of the institute of fresh investigation was inevitable in view of the role the institution plays in the national criminal proceedings system? What conclusions shall be drawn from the failed attempt of complete refusal from the institute of fresh investigation? Will the new amendments bring back the old problems, which, among other things, caused exclusion of the institution from the Code of Criminal Procedure of the Russian Federation? These are the questions that we put to the experts.

Based on the analysis of judicial practice, the author describes difficulties a developer faces with while obtaining a land plot for construction purposes due to changes in requirements set to planning documentation and its increasingly important role in the construction process. The article contains recommendations on conformation of the land and town-planning legislation and ensuring correlation of planning documentation with the cadastral and project documentation.

---

Keywords: provision of land plot for construction purposes, provision of land plot in ownership, planning documentation, land barter agreement, linear objects

The authors examine the correlation existing between unique characteristics of a land plot as an object of title, special features of its introduction in turnover and the use of proper methods of protection in disputes relative to formation of the land plot as a future object in turnover and disputes on land rights. The article investigates issues of the defendant legitimation in the named disputes and limitation of action.

---

Keywords: land, state land cadastre, cadastral error, methods of protection of civil rights, legal regulation of land plots turnover

The article contemplates methods of easement acquisition. Based on the analysis of the Russian and English sources of law, the author characterizes acquisition of easement through judgment to draw an inference of inexpediency of legal formulation of an exhausting list of easements.

---

Keywords: easement, encumbrance, acquisition of easement, land plot

The article focuses on issues of capital construction of facilities on several plots of land and admissibility of their qualification as unauthorized construction. The author discusses the principle of unity of the land plot and units of immovable property, as well as the problem of plurality of persons on the developer’s side (co-developers).

---

Keywords: construction permit, capital construction, developer, unauthorized construction, co-developers

The article is dedicated to issues of interpretation and implementation of the rules of land, civil and forest legislation relative to protection of rights of federal land ownership while changing the intended use of forest land. On the basis of the practice of the Supreme Commercial Court of the Russian Federation, the author justifies that inclusion of land plot into boundaries of localities cannot be considered a ground for terminating the right of federal land ownership.

---

Keywords: land, forest resources, forest land, land of localities, right of the federal land ownership

Based on the analysis of commercial court decisions, the author of the article highlights peculiarities of law enforcement practice in disputes related to the development of built-up areas in the light of entry into force of amendments to the town-planning and land legislation.

---

Keywords: investment contract, development of built-up areas, land plots, building-up

Issues of pardon have been recently causing controversy among scientists and practitioners, that is due, among other reasons, to a number of notorious criminal cases. The author of the article expresses his point of view on one of the discussed issues of the institution. The article focuses on the validity of the mandatory requirement for convict to plead guilty as a prerequisite for consideration by the President of the Russian Federation of his petition for pardon.

---

Keywords: criminal responsibility, pardon, guilty plea, President of the Russian Federation

The article deals with the role of information letters of the Supreme Commercial Court of the Russian Federation in the establishment of judicial practice in the field of cooperation between state and arbitration courts, particularly in connection with cases related to the public policy defense.

---

Keywords: public policy, public policy defense, arbitration, indirect lawsuit

This article analyzes contentious issues accompanying the development of shared housing construction in the Russian Federation, particularly the problem of dual qualification of shared construction contract by general jurisdiction courts and commercial courts. The author proposes amendments to the model of relations on shared construction, implementation of which remains essential for effective legal regulation in the field of participation in the shared apartment construction with raising funds of citizens.

---

Keywords: housing legislation, shared construction, shared construction contract, split developer

The article envisages the problem of jurisdiction delimitation in cases challenging regulatory legal acts affecting rights and legitimate interests of the applicant in the field of business and other economic activities in the context of expansion of jurisdiction of commercial courts. The author proposes a solution to the problem of delimitation of jurisdiction between general jurisdiction courts and commercial courts for this type of cases by specifying provisions of the Arbitration Procedure Code of the Russian Federation.

---

Keywords: regulatory legal act, competence of commercial courts, jurisdiction, criteria for delimitation of jurisdiction

The article suggests that administrative proceedings as a form of administration of justice cannot be construed without legal fixation of the important principle of publicity. The author substantiates the conclusion of the necessity of introduction into the Code of the Russian Federation on Administrative Offences of law rules enabling court proceedings over supervisory appeals on valid resolutions on administrative offences.

---

Keywords: administrative proceedings, principle of publicity, procedural guarantees

The article suggests analysis of international and foreign practice of application of the WTO law by courts of its states-members relative to resolution of issues on correspondence of certain legal acts adopted by such members with requirements of the WTO, as well as on compensation of losses caused to individuals by adoption and application of legal acts contravening the WTO requirements.

---

Keywords: WTO, WTO dispute settlement body, GATT, TRIPS, the Court of Justice, application of WTO regulations, rules of direct action

The article reviews concession agreement as one of the main institutions of public-private partnership. Based on the analysis of judicial practice, the authors specify the main court approaches to settlement of disputes arising between concessionaires and concession grantors. The authors highlight peculiarities of legal regulation of concession agreements with view to the scope of investment and summarize the grounds of judicial recognition of concession agreements as invalid or not concluded.

---

Keywords: concession, public-private partnership, concessionaire, concession grantor, transaction invalidity

The article covers principles of qualification and legal regulation of unnamed contracts, as well as the basic principles of application in their respect of rules governing named liabilities.

---

Keywords: unnamed liabilities, unnamed contracts, legal qualification of liabilities