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ARCHIVE FOR 2024 RUSSIAN
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Июнь 2024
CONTENT
Evgeniy Gavrilov On the Evidentiary Value of Screenshots in Civil Proceedings Case Comment to the Judgment of the Chamber for Civil Disputes of the SC RF
No. 5-КГ22-144-К2, 7 February 2023
The commented judicial act expresses the position that in the civil process, screenshots are evidence that can be
presented by persons participating in the case; Moreover, any screenshots, even those not certified by the indicated
persons, have evidentiary value. This demonstrates the ease of using screenshots as evidence. According to the
Judicial Chamber for Civil Disputes of the SC RF, screenshots do not necessarily have to be accompanied by
expert opinions; the only condition for the applicability of screenshots is the absence of statements about their
falsification. Unfortunately, the Chamber did not justify why all screenshots have evidentiary force, including those
that are presented but not certified by the persons participating in the case. The author criticizes this approach
and believes that the conditions for the applicability of screenshots, and the rules for their certification by persons
participating in the case, should be enshrined in regulatory legal acts.
Keywords:
evidence, proof, justice, screenshot, courts, civil procedure
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FREE TRIBUNE
Vadim Belov Legal Nature of an Arbitration Agreement The article attempts to answer one of the eternal questions of jurisprudence — about the legal nature of arbitration
agreement. The author believes that such an answer should be based on the following two fundamental
considerations: (1) arbitration tribunals, being private persons, act like other private persons, and, therefore,
(2) not only do not, but also cannot be engaged in the implementation of justice — judicial or procedural activity.
The author concludes that the arbitration agreement is a private legal contract, all the characteristics of which
are fully explained by the provisions of the classical substantive legal theory.
Keywords:
civil procedure, arbitration agreement, arbitration tribunal, legal proceedings, legal process
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Anton Mertvishchev Internal Subordination of a Guarantor’s Reverse Claim in Russian Civil Law (Part 1) The article analyses the model of internal subordination of the guarantor’s reverse claim in case of partial
repayment of his debt to the creditor. This construction is a particular case of the legal principle nemo subrogat
contra se, according to which the creditor should not be harmed when rights are transferred to him by way of
subrogation. This model has not previously been the subject of independent research, requires comprehensive
critical analysis.
The first part of the article published in this issue of the journal discusses the concept of subordination of the
guarantor’s reverse claim, the experience of using this construction abroad, its development in Russian law.
Keywords:
law of obligations, guarantee, subrogation, reverse claim, nemo subrogat contra se
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Tatiana Dragunova Information Duties as a Manifestation of the Principle of Good Faith in Insurance and Reinsurance Contracts in English and Russian Law The article is devoted to the study of the influence of the recognition of good faith as a principle of insurance law
(reinsurance law) on the scope of information obligations of the parties to a (re)insurance contract at the precontractual
stage in the English and Russian legal systems. The author employs a comparative legal methodology,
comparing doctrinal foundations, legislative regulations and judicial practices in England and Russia. Based on
the research findings, the author concludes that the principle of good faith stipulates the existence of not only
negative but also positive information obligations of the insured, at least in relation to commercial insurance
contracts and reinsurance contracts.
Keywords:
contract law, insurance, reinsurance, good faith, information duties
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Elena Mokhova Bankruptcy of Foreign Companies in the Russian Federation: Theoretical Foundations, Development of Judicial Practice, Problems and Prospects (Part 2) The article analyses the problem of bankruptcy of foreign legal entities from the perspective of the theoretical
foundations of cross-border bankruptcy, international standards in this area, and the development of court practice
in Russia. The second part of the article is devoted to the Russian experience of the bankruptcy of foreign companies. The author traces the dynamics of the development of legal positions on the issue of bankruptcy of
foreign entities in Russia, examining the model of access to the bankruptcy of foreign companies established
by the Supreme Court of the Russian Federation in the Westwalk case. The article focuses on overcoming the
asset immunity of foreign companies to collective proceedings, the creation of a Russian taxonomy of bankruptcy
proceedings, and the problem of ‘sanctions-default’ and its impact on the bankruptcy of foreign companies
in Russia.
Keywords:
bankruptcy, cross-border insolvency, jurisdiction, close connection, sanctions
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Angelina Tyushevskaya, Egor Barmin Refusal to Exercise a Right (Practice of Application of Clauses 6 and 7 of Article 450.1 of the Civil Code of the Russian Federation) The article is devoted to the study of judicial practice on the issue of application of norms on waiver of the
exercise of right (clauses 6 and 7 of Article 450.1 of the Civil Code of the Russian Federation). In particular, it
analyses the correlation of waiver of right and waiver of exercise of right, waiver of right and waiver of contract,
legal consequences of waiver of exercise of right. A significant part of the work is devoted to the analysis of
circumstances which the courts consider a clear and unambiguous expression of the person’s will to refuse to
exercise the right.
Keywords:
law of obligations, waiver of right, waiver of exercise of right, waiver of contract, estoppel, unambiguous expression of will
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