ARCHIVE FOR 2010 RUSSIAN
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Сентябрь 2010
CONTENT
Chief editor’s column
Interview of the issue
The Event. Comments of the Experts
Law “On Police”: Pro et contra How do you treat the draft law “On Police”? Will adoption of the law result in significant positive results? What is the norm of law which is the most successful and which one is the most dangerous?
Topic of the issue
D.V. Vasilevskaya On law enforcement practice in the area of provision of federal-purpose subsoil plots and use of the same The article touches upon analysis of laws determining the procedure for provision of federal-purpose subsoil plots for use and the procedure for use of the same and the practice of application of such laws. It considers mechanisms of provision of plots for use following the results of tenders and auctions, at the resolution of the Government of the Russian Federation, through re-execution of a license for subsoil use as well as on the basis of establishment of the fact of discovery of a deposit of minerals. The author identifies the main problems and collisions, forms suggestions for improvement of laws.
Keywords:
laws on subsoil, federal-purpose subsoil plots, oil and gas mining at major deposits, subsoil use in shelf
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O.S. Sviridova On the content of the state property right for subsoil in the Russian Federation Establishment of a literal system of nature resource laws depends first of all on correct understanding of the legal nature and content of the state property right for natural resources. The main topic investigated in this article is the state property right for such natural resource as subsoil. There is an objective necessity for clearer fixation of the legal position of subsoil as an object of state property – public property. This will enable maintenance of state property for subsoil and provide the same with a special regime of circulation and protection.
Keywords:
subsoil, subsoil use, public property, state property right for subsoil license for subsoil use
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Super professional
Judicial practice. Comments
N.A. Kashirskaya, D.V. Sarmanova Application of article 333 of the Civil Code of the Russian Federation by arbitration courts The penalty as one of the ways to ensure fulfillment of an obligation may significantly influence the amount payable by a defaulting counteragent. This article reflects the law enforcement practice established in the area of application by arbitration courts of article 333 of the Civil Code of the Russian Federation and is intended not only to warrant the balance of property rights and interests of interacting parties, observance of constitution rights but also responsibility of the debtor for negative implications due to non-fulfillment of a monetary obligation.
Keywords:
reduction of a penalty, disproportion of a penalty, criteria of application of article 333 of the Civil Code of the Russian Federation
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Theory and practice
M.Ya. Lyubchenko Exercise of the right for fair judicial investigation when referring to an arbitration court: problems and perspectives The article offered to readers justifies the conclusion that the right to refer to a court represents an integral element of the right for fair judicial investigation warranted by clause 1 of article 6 of the European Code on Human Rights. The author also expresses the opinion that the right to refer to the court is not absolute and may be limited in certain cases by national authorities.
Keywords:
Convention on protection of human rights and key freedoms, European Court of Human Rights, the right for fair judicial investigation, the right to refer to a court, пlimitation of rights, Code of Arbitration Procedure of the Russian Federation
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N.Yu. Erpyleva Sources of the international commercial law: Novelties of the legal regulation of international commercial obligations The article considers topical issues of the internal commercial law associated with its up-to-date sources. The work analyzes in detail national legislation, international treaties and international customs as sources of the international commercial law. Special attention is paid by the author to the problematics of lex mercatoria and application thereof in international commercial relations.
Keywords:
international private law, international commercial law, sources of law, international commercial relations, international treaties, international customs, lex mercatoria, European private law
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L.E. Semikova, Yu.E. Tuktarov Methods for simplification of transfer of mortgage loans At the end of 2008 the institute of depository accounting of mortgage certificates was introduced into the Russian law when the rights for a mortgage certificate are transferred and established through entries in the system of depository records. Depositors maintain their records using computers, therefore, it may be said that circulation of mortgage certificates was thus computerized. However it was found out as a result of investigation of the global experience that many countries are now passing to maintenance of the entire system for regulation of real estate using computers. As a consequence, they do not need separate computerization of circulation of mortgage certificates.
Keywords:
depository accounting of mortgage certificates, transfer of a mortgage loan, register of real estate
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Actual classic
