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Март 2011












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



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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Ye.A. Bochkareva How to improve the legal regulation of administrative responsibility for the budgetary offences
The author considers the issues of administrative responsibility incurred for violation of the budget laws, the conflict of laws of the Budget Code of the Russian Federation concerning the responsibility, the definition of the budgetary offence, the defects of the legislation procedure in this sphere.
Keywords: budgetary offences, administrative responsibility, budget laws, budgetary funds
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Yu.V. Matsko Bringing to responsibility in case of revealing the several facts of violations falling within one article of the Code of Administrative Offences of the Russian Federation
This article analyses the problems of how to draw up a protocol on administrative offence, how to impose punishment by cumulating the offences, how to classify repeated and continuing administrative offences, and provides the relevant court practice.
Keywords: administrative responsibility, classification, administrative offence
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T.V. Katsiya, Yu.S. Kassitskaya The court practice for consideration of cases on appealing decisions and actions (omission) of the court bailiffs (according to the court practice of the Arbitration Court of the Rostov Region)
This article concerns the issues of the court practice for consideration of cases on appealing actions (omission) of the court bailiffs. It consistently analyses the procedural and substantive aspects of the specified class of disputes. Based on the particular cases being considered during judicial scrutiny procedure, the article presents the recommendatory legal models which may be usefully applied by lawyers.
Keywords: court, bailiff, appeal, practice of consideration
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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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T.N. Drabo Application procedure of article 14.3 of the Code of Administrative Offences for violation of the Federal Law On Advertising
The author considers the provisions of the Law On Advertising concerning its purposes, state control in this sphere, administrative responsibility for its violation, and provide the court practice on this theme.
Keywords: laws on advertising, administrative responsibility, advertising construction
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T.V. Prokofyeva Several aspects of the administrative responsibility for violations concerning waste operation
The article analyses the class of administrative offences in the sphere of environmental protection and management. The author considers the component elements of mentioned offences, highlights the terminology defects, analyses the practice of court in different districts to find out the ways to reform this sphere.
Keywords: administrative responsibility, environment, industry waste, sanitary and epidemiological requirements
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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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M.N. Kuzmina The choice of remedy and achievement of the object of action in the arbitration proceedings
The author analyses the problems to define the duly remedies at the national and international levels, reasons upon relations between the terms “methods”, “measures” and “forms” of remedy, introduces the case law of the European Court of Human Rights concerning this issue and the practice of courts of different levels in our country.
Keywords: remedies, European Court of Human Rights, inappropriate remedy, national remedy
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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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