The author covers the results of lawmaking and law enforcement activity focused on implementation of procedure for settlement of disputes with participation of mediator (mediation procedure) in Russian civil proceeding. Particular forecasts of legal regulation development in this area was given.
Keywords:
conciliation procedures, efficiency of legal proceedings, quality of court activity
The article analyses legal matters arising in the practice of arbitration courts and court marshals at realization of coercive measures against debtors in enforcement proceedings of pecuniary nature. The autors point at absence of uniformity of judicial and execution practice upon several matters of enforcement and propose a line of attack on these issues.
Keywords:
coercive measures of execution, execution upon property of the debtor, temporary restrictions of debtors exit from the Russian Federation
The article proposes author's understanding of the issue of dual liability application in the area of contractual relationship. It is justified the conclusion concerning the fact that application of dual liability mesures against one civil offence go against principle of ensuring restoration of violated right and inadmissibility of abuse of rights.
Keywords:
dual liability, freedom of contract, abuse of rights, unjust enrichment of the creancor
The article is dedicated to the problems of current interest of application by arbitration courts of provisions of the Bancruptcy act on holding liable third-parties to subsidiary responsibility under liabilities of the debtor-bankrupt.
Keywords:
bankruptcy, subsidiary responsibility
The article exposes to critical analysis several legal norms included in 2009 and 2010 in the Arbitration Procedure Code of RF.
Keywords:
legal methodology, lawmaking mistake, judicial practice
