ARCHIVE FOR 2011 RUSSIAN
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Март 2011
CONTENT
FROM THE EDITORIAL OFFICE
INTERVIEW OF THE ISSUE
ON THE COURT
THE COURT FOUND
CASE OF INTEREST
Interesting case Appeal of decisions delivered in the consolidated enforcement proceedings
On possibility of charging the funds on the mobile subscribers’ current accounts
Imposition of disadvantage agreement is a ground to institute administrative proceedings
ANALYTICS: COVER STORY
G.D. Uletova How to increase the effectiveness of the current Russian enforcement system The author introduces proceedings of some reports from the International Research-to-Practice Conference dedicated to the improvement of legislation on enforcement proceedings (Saint-Petersburg, 2010), analyses the state of current laws on enforcement proceedings, and provides several ways to improve its regulatory framework.
Keywords:
enforcement proceedings, judicial act, bailiff, mediation, material incentive
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I.M. Divin Negotiation of the conflicts of laws while consideration of claims on appealing actions (omission) of the court bailiffs The article dedicates to the problem of negotiating the conflicts of laws of the Code of Administrative Offences of the Russian Federation and the Federal Law On Enforcement Proceedings when regulating the same relations. The author considers the problems of non-compliance of legal rules through the lens of court practice for consideration of claims on appealing the court bailiffs’ decisions on refuse to institute the enforcement proceedings because the enforcement documents issued by the authorized body and subject to the enforcement proceeding do not meet the requirements applied by laws to such documents.
Keywords:
enforcement document, judgment on administrative offence, requirements applied to the enforcement documents, compulsory execution, conflicts of legal rules
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A.I. Meshcherin, A.S. Bykov Terms in the enforcement proceedings This article considers several aspects of legal regulation of the terms in the enforcement proceedings, provides the methods for application of particular provisions of article 36 of the Federal Law No. 229-FZ dd. 02.10.2007 On Enforcement Proceedings, which exist in the practice of district courts.
Keywords:
execution of judicial acts, enforcement proceedings, terms of execution
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V.N. Yatsenko Unconditional grounds for dismissal of decisions of the administrative bodies The author proves the importance of accurate recitation of list with unconditional grounds for dismissal of decisions of the administrative bodies, provides the classification of these grounds according to the criterion chosen, considers the issues connected with drawing up and rendering a protocol on administrative offence, as well as analyses the procedure of translation services in the course of institution of an administrative case.
Keywords:
administrative bodies, ground for dismissal, protocol on administrative offence
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ANALYTICS: FREE TRIBUNE
T.V. Katsiya The effectiveness of justice in arbitration proceedings In the frameworks of this article, the author analyses the definition “effectiveness of justice” as an existing fact included into the mechanism for regulation of the procedural relations. The author examines the legal models for existence of effective justice if different provisions of the Arbitration Procedure Code of the Russian Federation are applied. In conclusion of her research, the author pays attention for building of the "case-law" in Russia and emphasizes the role of generalization of the court practice when creating unified enforcement approaches.
Keywords:
effectiveness, legal model, enforcement of law, procedural institutes, generalization of court practice
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