Magazine Cover
Press to zoom

Buy a PDF

ARCHIVE FOR 2017    RUSSIAN

Март 2017

CONTENT

 

 

Andrey Gromov Judicial Recognition of the Claim to Provide a Bank Guarantee in specie
Case comment on the judgment of RF SC No. 305-ЭС16-14210, 30 January 2017
Buy a PDF

 

Alexander Razgildeev Taxpayer’s Due Care: What Is Meant by It and When Is It Required
Case comment on the judgment of RF SC No. 305-КГ16-10399, 29 November 2016
Buy a PDF

 

Ivan Stasyuk Third Party Pays off the Debt in Anticipation of Debtor’s Bankruptcy: When It Is Permissible
Case comment on the judgment of RF SC No. 305-ЭС16-15945, 25 January 2016
Buy a PDF

 

Alexander Yagelnitskiy Contributory Fault Revisited
Case comment on the judgment of RF SC No. 305-ЭС16-14064, 15 February 2017

 

 

 

FREE TRIBUNE

Vsevolod Argunov How to Be a Non-Contention Jurisdiction for Administrative Affairs: to the Draft Amendments to the Code of Administrative Procedure of the Russian Federation
Non-contention jurisdiction as the undisputed judicial form of protection of rights (legitimate interest) should become a new model of legal regulation in Russia. In practice, the first such update may affect some categories of cases, planned for the consolidation, as well as already available in Code of Administrative Procedure of the Russian Federation (KAS RF). The article describes the variant of non-contention jurisdiction model, proposed in one of the laws of the Supreme Court for KAS RF Change.
Keywords: сivil proceeding, administrative proceeding, non-contentious jurisdiction, claim
Buy a PDF

 

Elena Borisova Appeal on a Judgment Delivered through Simplified Procedure
This article was inspired by two judgments of the 9th Appellate Arbitrazh Court in which the court refused to consider appeals on judgments delivered through simplified procedure. The reason for this decision was that the first instance court delivered only operative part of judgments. In the simplified procedure, the court should write the reasons for a judgment only if a party to proceedings requests it to do this. There was no such request in the cases discussed in the article. As the Arbitrazh Procedure Court does not say that the first instance court could write reasons for a judgment on its own motion, the Appellate Court decided that it should not consider the claim. The article argues that more appropriate way to handle this issue is to initiate appellate proceedings, consider the claim and dismiss it due to the absence of grounds for the judgment that could be checked on appeal. Otherwise it could be said that the claimant’s right on the access to justice has been restricted.
Keywords: simplified procedure, operative part of judgment, appellate proceedings, dismissal of appellate claim
Buy a PDF

 

Artem Karapetov, Andrey Pavlov, Sergey Sarbash, Rashid Suleymanov Commentary to the Ruling of the Plenum of SC RF «On Certain Issues of Application of General Provisions of the Civil Code of the Russian Federation on Obligations and Their Execution» No. 54, 22 November 2016
The article provides a detailed comment of the Ruling of the Plenum of the Supreme Court of Russia «On Certain Issues of Application of General Provisions of the Civil Code of the Russian Federation on Obligations and Their Execution» No. 54, 22 November 2016. The main focus is on the analysis of new approaches of the Supreme Court to certain legal issues in the sphere of obligations. In particular, clarification of the new rules of the Civil Code of the Russian Federation on the performance of the obligation by third parties should have high practical importance. This position of the Court in this regard is reasonable. It is commented in detail in the article. The article also analyses number of important issues related to the performance of obligations which, unfortunately, were not considered by the authors of the Ruling. In particular, whether parties to a contract that is not related to business could be given a right to rescind the contract unilaterally without good reason. Or whether it is possible to create a conditional obligation which depends on the party who received payment (so called «flickering causa» problem). Authors offer solution to these problems. However, it will take some time before the courts will be able to resolve these problems without guidance of the Supreme Court.
Keywords: obligation, fulfillment of obligation, Plenum of the Supreme Court of the Russian Federation