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ARCHIVE FOR 2014    RUSSIAN

Июнь 2014

CONTENT

 

 

OFFICIAL SECTION

 

 

 

 

INTERESTING CASE. COMMENTS OF EXPERTS

 

T.P. Podshivalov Claim for declaration of title of proprietary right in the practice of arbitration courts
The article represents a detailed description of approaches to the definition of legal entity of a suit for acquiring of proprietary right. Comparison of a suit for declaration of proprietary right with other ways of protection is conducted in respect of their legal effect.
Keywords: protection of proprietary rights, property suits, suit for declaration of proprietary right, suit for acquiring of proprietary right
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M.B. Zhuzhzhalov Types of ownership in civil law
The article is concerned with types of ownership in the present Russian law as well as with the estimate development of the theory of ownership. Author tries to derivate the types of ownership on the basis of practical needs, especially of problems arising from the vindication dispute settlement.
Keywords: ownership, fidelity, acquisitive prescription, vindication, propriety right
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G.S. Laptev Property rights protection ways not enumerated in civil law
Rapid development of economical relations and litigations arising thereof have predetermined the active influence of law enforcement practice on the shaping of propriety rights protection ways not enumerated in the present Russian civil law and insufficiently studied by civic science.
Keywords: protection ways, courts practice, law enforcement, misuse of rights
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E.V. Novoselnova Mortgage preservation in the process of alteration of the immovable property unit
Author considers an issue of possibility of mortgage preservation after such changing of its subject-matter when a new object of civil law is created.
Keywords: mortgage, immovable property, real estate title registration, encumbrances
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V.M. Turlyuk Points at the issue of the declaration of proprietary rights on unauthorised construction
The article presents issues of the declaration of proprietary rights on unauthorised construction raised on the ground area which doesn’t belong to the litigant on the right of ownership, lifetime inheritable possession or permanent perpetual use.
Keywords: proprietary rights, ground area, immovable property, unauthorised construction
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S.V. Vulfert Approaches of commercial and general jurisdiction courts to the declaration of proprietary rights on unauthorised construction
The article provides analysis of problems arising in judicial practice of commercial and general jurisdiction courts considering the declaration of proprietary rights on unauthorised construction including the issues of registration of rights on ground area where the object is erected without proper authorisation, as well as conditions of application of town-planning and construction regulations and rules in relation to the date of erection of a building or of performance of a judicial act.
Keywords: recognition of a right on unauthorised construction, recognition of a right, title to a real property
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THEORY AND PRACTICE

V.A. Zvereva Enforcement of implications of an invalidated transaction upon alienation of items of immovable property
The article covers certain issues of courts practice emerging from enforcement of implications of an invalidated transaction upon alienation of items of immovable property with respect of the novelties in civil legislation.
Keywords: implications of an invalided transaction, right to challenge a transaction, optionality
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V.N. Prokhorov Particular issues of appointment of the burdens upon procedural fiction of summons of a defendant
The article considers disputable questions of application of provisions concerning the burden of evidence and acceptance of facts in arbitrational process in the absence of one of the parties being duly summoned but not informed about the initiated process.
Keywords: fact in evidence, evidence, acceptance of facts, proper service of summons, procedural fiction of summons
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E.A. Tokarev Judicial qualification of relationships arising of performance of works not shaped in a framework of a written contract
The article consists of an analysis of actual issues of subjects of economic activity as well as of judicial and arbitrational practice combined with judicial qualification of relationships arising of performance of works not shaped in a framework of a written contract. Consequences of their incorrect qualification are analysed. Complex approach to substantiation of their contractual nature is provided.
Keywords: transaction form, contract of hiring work, hiring relationships, unreasonable gains
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R.B. Janibekova Effective date of beginning of the implementation of international treaties of the Russian Federation
The article provides analysis of application of international treaties by courts including the issue of proper setting up of legal terms for possibility of application of a specific treaty.
Keywords: international treaty, official publication, VCLT of 1969., Federal law “On International Treaties of the Russian Federation”
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N.V. Mishakova Payment for labour of judges in the Russian Federation: yesterday and today
Reform of the pay system of judges started in 2013 has its merits and flaws. Author conducts an analysis of the issues of state defense of Russian judges in legal and historical aspect.
Keywords: pay system of judges, class of qualification, approval of the judges’ qualification, wage of a judge, guarantee of independence of judges, social guarantees of judges
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