ARCHIVE FOR 2017 RUSSIAN
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Май 2017
CONTENT
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Roman Bevzenko State Registration of Transactions and Consequences of Non-Complying with It: A Commentary to Articles 164 and 165 of the Civil Code of the Russian Federation Тhe article comments the provisions of the Russian Civil Code dealing with the registration of real
property transactions. The author starts with the explanation of the origin of the renewed provisions
of the Code and then proceeds to the connection between the previous case law and the
new provisions of the Code. It is argued here that the only effect of the registration of a real property
transaction is the publication of the information about the deal, the fact of its conclusion and
its content. The registration is not required for the validity of the transaction. The transaction is in
force before the registration. This means that the registration’s effect is not substantive contrary
to the long lasted position of the courts.
Keywords:
registration of transactions, exigibility of registered transactions, formation of a contract, compulsory registration of a contract, real property transactions
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Dmitry Stepanov, Svetlana Avdasheva The Criterion of Efficiency in Legal Regulation of Economic Activities This paper deals with a fundamental problem of any legal policy analysis research: how to assess
an efficiency of given legal rules or legal policy choice. Once the sovereign has introduced (or just
planning to introduce) legally binding rule the issue of efficiency for proposed solution becomes
a cornerstone one, then lawyers start speculating whether proposed rule is efficient or not from
economic standpoint. The paper explores concepts of Pareto-improvement, Pareto-optimality and
Kaldor-Hicks efficiency. These concepts are illustrated by some examples from recent Russian civil
legislation reforms. The paper concludes with an outline of several theoretical issues relevant to both
Pareto principle and Kaldor-Hicks efficiency which may affect applicability of those concepts within
policy choice.
Keywords:
efficiency of regulation, Pareto efficiency, Kaldor-Hicks efficiency, legal policy, legal policy value(s)
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Irina Kashkarova Calculation of the Limitation Period in Case of Consecutive Presentation of Alternative Claims One judgment of the Presidium of the Supreme Court of Russia delivered in 2016 raises important
theoretical questions regarding limitation period. The claimant brought several consecutive claims
referring to one event. He tried to recover his property delivered to the defendant or receive some
compensation for it. The legal bases of these claims were different as the courts repeatedly refused
to allow the claims and gave them various legal qualifications. Is this a single legal conflict with one
limitation period based on one event? Or maybe each claim based on different legal rules has its
independent limitation period? And what it means to abuse procedural rights? The article argues that
the crucial issue is what facts are established by previous judgments. If these facts are new and had
not been known to the claimant before the judgment, then the limitation period for a new claim based
on these facts should start running from the date of the judgment.
Keywords:
limitation period, method of protection of violated right, identity of claims, alternative claims
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