ARCHIVE FOR 2011 RUSSIAN
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Февраль 2011
CONTENT
INTERVIEW
K.I. Sklovsky “Vindication is a strong means, will bring a thing everywhere but will fall over bona fide” The ask to give an interview on void and contestable transactions, claiming of property from alien illegal possession is conditioned by the fact that Konstantin Ilyich Sklovsky is one of the unconditional authorities both in scientific and practical circles in the area of legal relations associated with transactions as well as by the fact that he has recently issued a comment to joint Resolution of the Plenum of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation dated 29.04.2010 No. 10/22 touching upon a number of issues associated with the ownership right and protection thereof.
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THE COURT FOUND
M.N. Ilyushina Invalidity of transactions, grounds for invalidation whereof are prescribed by laws on insolvency (bankruptcy) This article considers particularities of legal regulation of invalidation of transactions as prescribed by laws on insolvency. It describes types, grounds and consequences of invalidation of such transactions. The author makes the conclusion that bilateral restitution or collection of the cost of the property in favor of the debtor as legal implications of such transactions represent the most efficient methods of restitution of the debtor’s property into the bankruptcy assets.
Keywords:
bankruptcy (insolvency) of legal entities, grounds for invalidation of transactions, bilateral restitution, means for formation of the bankruptcy assets
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V.P. Bykov, N.S. Yudina, A.V. Sybachin Contestable transactions, claiming of property from alien illegal possession Notwithstanding sufficient legal regulation of such institute of civil law as transactions, within the framework of resolution by arbitration courts of disputes associated with conclusion and fulfillment by legal entities of business contracts, a lot of issues arise. In particular, the matters associated with claiming of property from alien illegal possession remain topical.
Keywords:
contestable transaction, void transaction, invalid contract, excess by a body of a legal entity of the powers at conclusion of a transaction, major transaction, interested-party transaction, illegal possession of property, claiming of property
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A.V. Myskin Contradiction of a transaction with moral norms as a ground for invalidation thereof The article touches upon the problem not investigated in the science of the civil law – the legal opportunity for invalidation of civil transactions the substance whereof conflicts exclusively with moral principles. Within the framework of the article the author justifies advisability of detachment of such a category of civil law as “anti-moral transaction”, shows and justifies the principle possibility of invalidation of such transactions.
Keywords:
invalidity of transaction, anti-social transaction, anti-moral transaction, void transaction, contestable transaction
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A.A. Kriuschenko Protection of the infringed property rights in proceedings for invalidation of transactions with residential premises Within the framework of consideration by courts of law of civil proceedings for invalidation of transactions with residential premises and in proceedings for claiming of property an important role belongs to correct interpretation of articles 167 and 302 of the Civil Code of the Russian Federation as well as establishment of the fact of bona fide of the real estate purchaser, the nature of retirement of property from possession of the owner since this determines application by a court of one of the possible remedies – vindication or restitution.
Keywords:
invalidity of transaction, residential premises, claiming of property alien illegal possession, bona fide purchaser, vindication claim, restitution
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I.V. Dedkovsky Holders of active legitimation under a vindication claim A traditional view on vindication as on a claim of a non-possessing owner against a possessing non-owner is not reflected at the level of law: article 305 of the Civil Code of the Russian Federation enables non-owners to protect their rights using vindication. In its turn, the today’s court practice expands the range of such persons through expansion of the list of property the rights for which may be protected by means of vindication.
Keywords:
vindication, usucapt, legal possession
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SCIENTIFIC SITE
A.A. Fisher Implementation of norms of the international criminal law into Russian laws The article describes matters associated with realization of international obligations of the Russian Federation at the internal state level through implementation of norms of the international criminal law into Russian laws, problems resulting from that and ways for resolution of such problems taking into account the specificity of the Russian criminal law and particularities of interaction between the national legal system and international legal norms.
Keywords:
international law, criminal laws, implementation
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A.A. Solovyev The French experience of application of procedures for pre-judicial settlement of disputes with participation of an intermediate in light of federal laws on mediation The article touches upon the matters of use of the French experience of application of procedures for pre-judicial settlement of disputes with participation of an intermediate in light of federal laws on mediation. The author conducts a comparative legal analysis of certain provisions of Federal Law dated 27.07.2010 No. 193-FZ “On the alternative procedure for settlement of disputes with participation of a mediator (mediation procedure)” and articles of the Sportive Code of France devoted to activities of the colleague of mediators for extra judicial and pre-judicial settlement of disputes.
Keywords:
alternative procedure for settlement of disputes with participation of a mediator, agreement on the mediation procedure, foreign experience, Sportive Code of France, collegium of mediators
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M.Ya. Maslennikov Protection of rights and legally protected rights of a victim of an administrative offence On the basis of provisions of the Code of the Russian Federation on Administrative Offences, taking into account guidelines of the Plenums of the Supreme Court of the Russian Federation and Supreme Arbitration Court of the Russian Federation, rights and obligations of an individual and legal entity affected by an administrative offence are analyzed. Suggestions are made for optimization of the law enforcement process.
Keywords:
administrative offence, victim, materials of the case, resolution on the case
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