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Декабрь 2013









I.V. Panova Compensation for Damage Caused by Unlawful Actions of Administrative Bodies: Background, Liability for Damages
The article deals with the historical development of the institution of state and officials responsibility for the damage inflicted to non-authority entities.
Keywords: compensation for damage, officials, responsibility of the State, legislation, cause for liability
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A.O. Rybalov Levy of Execution upon Debt Receivable of Insolvent Party
The author investigates the issue of debt receivable recovery in case if the insolvency proceedings are commenced against the debtor, and suggests that there are no reasonable grounds for prohibition to implement the assignment of monetary claim to insolvent debtor as it is stated in enforcement proceedings legislation
Keywords: enforcement proceedings, debt receivable, insolvency, bankruptcy, debtor, insolvent debtor, monetary claim
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V.V. Yarkov Some Measures of Indirect Coercion of Debtor within Enforcement Proceedings
The article analyzes the foreign experience of individual measures of indirect coercion in enforcement proceedings by an example of astreinte and citizen’s arrest, as well as possibility to use them in the Russian legal system.
Keywords: executive and civil procedural law, indirect coercion, astreinte, citizen’s arrest
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N.V. Buyanova Practical Issues of Liability for Nonperformance of Arbitral Decisions
This article analyzes the challenges faced by plaintiffs during enforcement of executing judicial decisions. Associating the low-level implementation of arbitral decisions in the first instance with the level of law enforcement actions of bailiffs, the author demonstrates the urgent need to improve efficiency of existing system of officials’ responsibility in enforcement proceedings.
Keywords: enforcement proceedings, arbitral decisions execution, bailiffs, officials’ responsibility, wrongful non-feasance, damage
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V.Ya. Richterman, Yu.S. Bobrova State Responsibility and Issues of Arbitral Decision Execution
The article deals with the problematic issues of bringing to civil responsibility of the State when considering litigations, as well as the issues of execution of court acts by the public entities. It is noted that there is a continuing trend to provide procedural advantages to the public entities, which violates the principle of procedural equality of the parties. The article analyzes the possible approaches for keeping terms of court acts execution delivered against the State.
Keywords: : responsibility of the State, public-law entity, burden of evidence, execution of decision
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A.Kh. Nuriyev Features of Civil Responsibility of the State for Damage Inflicted to Entrepreneurs
The article discusses the features of the civil responsibility of the State for damage inflicted to entrepreneurs. The author focuses on the features of the State's participation in the legal relationship with the entrepreneurs and their importance for regulation of the civil responsibility of the State.
Keywords: the State, individual entrepreneur, legal entity, civil responsibility, legal standing, legal relation, law of obligations
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S.A.Maksimova, O.M. Oleynik Bank Fees: Theory and Practice of Correcting Errors
The article analyzes the theory and judicial practice relating to the payment of one of the most important bank fees — fees for early repayment of the loan. The authors disclose its legal features, consider the unstable judicial practice of such fees recovery, noting that recent court decisions differ significantly from previously generated legal position. Based on the analysis of the Russian judicial practice, a conclusion is made that currently in our country there is quite a reasonable adjustment of the legal approach to the acceptability of collecting such fees. Collection of fees for early repayment of the loan is also possible in foreign banking and judicial practice.
Keywords: : credit, credit relations, compensatory nature, remuneration, interest, fees, early repayment of the loan, loan cost information
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Ye.M. Fetisova, A.S. Koblov Implied Conditions as Part of Contract Construction Process
The authors analyze approaches of foreign and Russian law enforcement practice of using interpretation of implied conditions at construction of a contract.
Keywords: contract construction, implied conditions, implied by fact, implied by law
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М.В. Kamenkov Collection of Unstayed Tax Amount from a Tax Agent in view of the Principle of Independent Tax Payment
Due to frequent abuse by tax agents who relied on the position that it is impossible to collect the unstayed tax amount from them, some time ago a topical issue arose if it is acceptable to apply other legal methods to serve interests of the treasury when direct collection of the tax was impossible. This article suggests to analyze the laws and regulations in force concerning particular use of tax funds for tax collection from the tax agents and find out if it could be done without inclusions of logic and methods of other branches of law.
Keywords: : tax agent, execution of tax agent duties, taxpayer’s income, tax collection from a tax agent, principle of independent tax payment
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N.A. Gorskih Budgeted Investment as Negotiated Form of State Support
The article describes the issues of legal regulation of a budgeted investment contract as a form of state support, defines the legal nature of such contract, discusses the essence of relations regulated by such contract, and determines its relation to sponsorship and contracts of state support.
Keywords: budget investment, investments, sponsorship contract, state support, legal nature of a contract of state support offering, administration agreement
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A.A. Solovyov The London Declaration on Judicial Ethics as a Basic Act in the Field of Deontological Ethics of European Judges
The article describes the experience of the European Union to establish the basic principles of deontological ethics of judges by the example of the London Declaration of the European UNIX network and the report “judicial ethics: principles, values and features” approved by this organization.
Keywords: judicial ethics, European Union, European UNIX network, court system, community of judges, values, judges personal skills
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