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Июнь 2015




Roman Bevzenko Loan Interest and Delayed Sale of Mortgaged Property
Case comment on the judgment of RF SC № 33-КГ15-1, 31 March 2015
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Oksana Nogina Capitalization of Payments to Social Security Fund in Case of Bankruptcy
Case comment on the judgment of RF SC № 307-ЭС14-7082, 8 May 2015
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Denis Shaklein Reduction of a Lease Term as a Major Transaction
Case comment on the judgment of RF SC № 307-ЭС14-8324, 21 April 2015
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Alexey Filippov Bankruptcy of a Debtor Undergoing Liquidation: How It Works
This article examines terms and conditions for governing streamlined bankruptcy process. The author describes the most common tricks used by the parties in cases related to bankruptcy of debtors in liquidation, specifically those ones that allow to control debtor throughout the entire bankruptcy process. The article covers such issues as relation between the statutory law and case law approaches to streamlined bankruptcy proceeding, theory and practice of bankruptcy status interpretation, relation between debtor's asserts and liabilities as well as significance of these figures. The author analyses the new methods for governing bankruptcy procedures of debtors in liquidation and examines tools that can establish effective control over bankruptcy proceedings. In addition, the author proposes his personal position with regard to bankruptcy based on the analysis of foreign experience.
Keywords: streamlined bankruptcy, bankruptcy of a debtor in liquidation , lack of debtor’s asserts, preparations for bankruptcy
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Anna Sirotkina Commentary on the Resolution of the Supreme Court of the Russian Federation Concerning Compulsory Insurance of Civil Liability of Vehicle Owners
The article analyses the Supreme Court clarification on the subject of obligatory civil liability insurance of vehicle owners. The clarification aims at harmonization and unification of judicial practice of arbitrazh and general jurisdiction courts concerning application of the relevant legislation. The author describes some controversial approaches to the most sensitive issues in court practice and in full detail discuses the algorithm for victims' rights protection. The article specifies eligibility criteria for insurance compensation as well as procedural steps to protecting victims' rights and covers such issues as complaint procedures and relation between a tort claim and insurance contract. The author explores decisions related to the amount of damages, reimbursement procedures and liability measures applicable to insurance companies in cases of delayed payment or nonpayment. In addition, the author analyses some aspects of rights transfer under insurance contract, in particular assignment and subrogation.
Keywords: compulsory insurance of liability of owners of vehicles, consumer protection, damages, loss of commodity value, the insurance payment, tort claim
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Ekaterina Bonner Legal Problems with Correlation of Pledgee’s and Other Creditors’ Rights
Throughout a long period of time there has been a search for a balance between interests of a pledger, a pledgee and third parties. Legislation devoted to the problem in question has been changed repeatedly. In the present article the author investigates legal approaches to finding a remedy for the problem of correlation between pledgees’ and other creditors’ rights and analyses the settlement of this conflict proposed by the edition of the Civil Code which came into force on 1 July 2014. According to the new rules a creditor or another authorized person in whose interest debtor's property has been put under a prohibition order has pledgee’s rights and duties concerning this property. The author analyses whether the offered method is effective and indicates which issues demand further discussion.
Keywords: pledge, pledgee creditor, foreclosure of the pledge, previous pledgee, subsequent pledgee, subsequent pledge
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Anna Ivanova Rights to Use Residential Property in Decisions of the Constitutional Court of the Russian Federation
Russian legal system lacks a comprehensive framework to regulate rights to use property acquired by the means of privatization and through membership in housing cooperatives. However, some of these issues are covered by the judicial practice and judgments of the Constitutional Court of the Russian Federation. This article analyses inter alia judgment of the Constitutional Court of 24 March 2015 which deals with the sale of the mortgaged residential property. The decision is said to be able to maintain the balance between the interests of former and new owners of dwellings.
Keywords: right to use residential property, regulation of property use, real estate encumbrances
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Aidar Sultanov Submission of a Second Counterclaim: Legal Theory and the Arbitrazh Procedure Code of the Russian Federation
This article examines various approaches that exist in legal theory regarding the possibility of filing several counterclaims. The author analyses basis for these approaches and suggests that consideration of counterclaims requires application of provisions for joinder of claims. The mentioned condition allows to conclude that there are no obstacles for filing several counterclaims.
Keywords: joinder of claims, change of the cause of action and the subject of the claim, civil procedure
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