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ARCHIVE FOR 2017    RUSSIAN

Май 2017

CONTENT

 

 

Sergey Belov Selling Alcohol without a Licence: A Ground to Refuse Granting a Licence?
Case comment on the judgment of RF SC No. 306-КГ16-15245, 21 February 2017
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Elena Ostanina A Claim to Impose an Easement: In Search of Proper Balance
Case comment on the judgment of RF SC No. 306-ЭС16-18379, 26 April 2017
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Olga Pleshanova, Artem Kukin Bankruptcy Proceedings and Bank Operations
Case comment on the judgment of RF SC No. 305-ЭС16-18717, 27 March 2017
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Arutyun Sarkisyan Credit Yourself: On the Problem of Manipulations with Friendly Creditors in Bankruptcy
Case comment on the judgment of RF SC No. 305-ЭС16-19572, 28 April 2017
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Dmitry Chvanenko Assignment of Claims Arising from Public Procurement Contracts
Case comment on the judgment of RF SC No. 307-ЭС16-19959, 20 April 2017
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FREE TRIBUNE

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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