ARCHIVE FOR 2016 RUSSIAN
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Июль 2016
CONTENT
Chief editor’s column
Interview of the issue
The Event. Comments of the Experts
Topic of the issue
A.T. Bonner Administrative court procedure in Russia: myth or reality, or dispute between a processualist and administrative lawyer Having come into force, the Code of Administrative Court Procedure has introduced a new branch of legislation, yet posed a number of questions. Did a new branch of law appear with its own subject and regulation method? Is there a new court procedure? What is the aim of introducing new procedure legislation at a time when administrative courts do not exist? In the search for an answer, the author
comes to a conclusion that the new Code is nothing more but a bit amended regulation of civil procedure bringing serious problems to citizens and judges.
Keywords:
administrative court procedure, Code of Administrative Court Procedure, procedure form, administrative action
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V.V. Yarkov Principles of administrative court procedure: generalities and specifics The paper is devoted to the principles of law established in the Russian Code of Administrative Procedure. The author considers the essence of each principle and assesses their
significance for the administration of justice.
Keywords:
principles of administrative procedure, principle of justice, independence of judges, trial within a reasonable time, principle of transparency, equality of parties, adversarial principle
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D.B. Abushenko Substitution of improper administrative defendant: discussion topics The paper focuses on the application of the rules of the Russian Code of Administrative Court Procedure,
which regulate the substitution of an improper administrative defendant. The author proves that current
legal regulation of this institution contains major defects. He critically assesses the idea that a judge is empowered to initiate the substitution of improper administrative defendant, and doubts whether judicial discretion
in the matters of calling a second defendant is rational.
Keywords:
substitution of improper administrative defendant, calling a second defendant, judicial discretion
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A.V. Ilyin Duty to process the case using a representative within judicial compliance assessment For the first time, the Code of Administrative Court Procedure has introduced property and educational
qualifications for persons who wish to challenge legal acts in court. Such decision of the legislator raises doubts from the point of view of its compliance to the Constitution. The author examines the reasons for this decision in light of the access to justice, guarantees to qualified legal aid, principle of equality of parties, and the features of judicial compliance assessment.
Keywords:
access to justice, judicial compliance assessment, right to qualified legal aid
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Press Release
Theory and practice
P.A. Skoblikov Refusal of law enforcers to initiate a criminal case: typical tricks Illegal refusal to initiate criminal cases infringes crime victims’ constitutional rights of protection and access to
justice, and leads to other negative consequences. Victims and their representatives’ vain attempts to bring criminal cases form high artificial latency of crimes, so the ratio of
latent delinquency exceeds the ratio of recorded criminality by several times. As a result, the information about the level of crime and outcomes of preventive measures against
crimes turns to be distorted, and countermeasures (legal, organisational, social, psychological, informational etc.) based on this information are inefficient. This is probably the major problem of law enforcement. How do police
officers refuse to start criminal cases? What tricks do they use? Why do these tricks work? The paper offers answers
to these questions.
Keywords:
latent delinquency, artificial latency of crimes, crimes concealment, refusal to initiate criminal cases, breach of competence, initiation of a criminal case, protection of victims
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N.S. Lashkov Critical analysis of implementing english doctrines of waiver and estoppel into the russian law The paper is devoted to the question whether it is possible to implement English doctrines of estoppel and waiver into the Russian law. These doctrines are considered from comparative perspective as an alternative to the Roman rule non concedit venire contra factum
proprium, which is widely used in continental Europe. With regard to the Russian law, the paper focuses
on the article 450.1, recently introduced into the Civil Code
of the Russian Federation. The author critically looks at the estoppel and waiver adopted by clauses 5 and 6
of the named article.
Keywords:
waiver of rights, estoppel, bona fides, venire contra factum, reform of the Civil Code of the Russian Federation, English law, termination of a contract
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S.A. Krasnova Payment for a unilateral termination of a contract: legal nature, correlation with similar juridical categories The condition of payment for a unilateral termination of a contract is getting more widespread in modern contract practice. Courts and subsequently Civil Code admitted that
businessmen may make unilateral termination of a contract conditional on payment of a certain amount. However, such important questions as legal nature of the payment, its connection with the right of unilateral termination of a contract do not have answers in law. This paper deals with different opinions on juridical qualification of the payment and ways of improvement of this legal institute.
Keywords:
fine, compensation for termination, security deposit, unilateral termination of contract, lowering of payment
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R.R. Repin, A.V. Sarkisyan On the legal nature of automatic contract extension The paper focuses on the notion of contract extension. The authors criticise the idea that the extension terminates the previous contract and simultaneously makes a new one, identical to it. They also state that contract extension, firstly, prolongs the term of duration of the contract, and,
secondly, gives each party a right to cancel it.
Keywords:
continuation, automatic renewal, prolongation, contract prolongation, agreement prolongation, contract extension, agreement exstention, modification of contract, modification of agreement, juridical act, contract, agreement, duration, obligation
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