ARCHIVE FOR 2011 RUSSIAN
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Декабрь 2011
CONTENT
EDITOR’S COLUMN
FREE TRIBUNE
S.A. Belov The importance and prospect of codification of Russian administrative law This article justifies the need for creation of the Administrative Code of Russia that would govern general issues of administrative relations and would solve a range of practical problems, such as setting forth universal criteria for administrative capacity, representation in administrative relations, an administrative agreement, administrative procedures, a mechanism for creating administrative authorities and conditions for such administrative authorities to exercise their administrative competences. The article also describes foreign experience in systematization of administrative law, analyses and criticizes the point of view of Russian authors who think that general codification of administrative law is impossible.
Keywords:
systematization, codification, administrative law, Administrative Code
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R.I. Saifullin Competition between a creditor’s claim and a guarantor’s right of recourse Competition between a creditor’s claim and a guarantor’s right of recourse against an obligor shall be limited in the interests of the creditor. So, until the primary obligation is fully performed, the guarantor should not be entitled to exercise its right received as a result of partial subrogation. However, the guarantor should not be limited in raising any claim arising out of its internal relations with the obligor.
Keywords:
guarantee, subrogation, recourse, plurality of persons
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EVENTS AND COMMENTS
S.A. Gromov A drastic change in the practice of application of leasing laws The second part of the comment is dedicated to the issues of exercise of caution by the lessor when providing funds to the seller, to the issue of undisputed debiting of lease payments from the lessee’s bank account and to the most disputable aspect of lease relations – consequence of termination of a lease agreement.
Keywords:
leasing, collection of payments, termination of agreement, unjust enrichment
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MATERIALS OF THE PLENUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION
RESOLUTIONS AND DECISIONS OF THE PRESIDIUM OF THE SUPREME COMMERCIAL COURT OF THE RUSSIAN FEDERATION