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ARCHIVE FOR 2010    RUSSIAN

Август 2010

CONTENT

 

INTERVIEW OF THE ISSUE

 

ON COURT

 

 

 

10th Arbitration Court of Appeal
Practices of resolving disputes related to rights in land plots

 

 

O.A. Zharkova Enforcement of the Exclusive Right for Land Plot Privatization
THE ARTICLE IS DEVOTED TO PROBLEMS FACED BY OWNERS OF BUILDINGS, STRUCTURES AND CONSTRUCTION IN PROGRESS AT THE TIME OF LAND PLOTS REPURCHASE. IN CONNECTION WITH NUMEROUS UNLAWFUL REFUSES OF LAND PLOTS REPURCHASE BY EXECUTIVE BODIES, COURT PRACTICES AND REASONS FOR SUCH REFUSES ARE ALANYZED IN DETAIL.
Keywords: construction in progress, reservation, common-use land
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T.G. Ivanova Problems of Protecting Interested Parties’ Rights at Land Plot Division in the Territory of a Settlement
THE ARTICLE CONCERNS THE RIGHT OF A REAL ESTATE PURCHASER TO LITIGATE THE LIMITS OF A LAND PLOT, IF SUCH LAND PLOT WAS FORMED IN BREACH OF THE LEGISLATION, BUT BEFORE THE TITLE PURCHASE BY SUCH PURCHASER.
Keywords: land plot division, interested parties’ rights, disputes on limits, disputes on division
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V.V. Petrova Disputes arising out of land relations: practice in the application of clause 1 of Article 36 of the RF Land Code
THE MATTER OF THE PROCEDURE OF LAND PLOTS REPURCHASE BY PERSONS OWNING BUILDINGS, STRUCTURES IN THE REQUESTED LAND PLOT IS VERY POPULAR NOW. VARIOUS PROBLEMS ARISING WITH ENFORCEMENT OF THE RIGHT TO REPURCHASE SUCH LAND PLOTS ARE ILLUSTRATED BY JUDICIAL PRACTICES.
Keywords: land plot repurchase, application for purchasing title in a land plot, value determination, area determination, construction in progress, building destruction
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Zh.P. Borsova Legal Regulation of Agreeing the Borders during Land Management
LAND PLOT FORMATION IS ONE OF THE MOST DIFFICULT ASPECTS OF LAND MANAGEMENT. AGREEING THE BORDERS WITH OWNERS OF NEIGHBORING LAND PLOTS AND AGREEING THE BORDERS OF LAND PLOTS ADJACENT TO SPECIAL PURPOSE LAND IS OFTEN COMPLICATED DUE TO GAPS IN LEGAL REGULATION. IN CONDITIONS OF REFORMING THE LEGISLATION AND MASS EXECUTION OF TITLE IN REAL ESTATE, THE STUDY OF LEGAL REGULATION OF RELATIONS IN CADASTRAL REGISTRATION OF LAND PLOTS AND RELATED DISPUTES IS VERY IMPORTANT.
Keywords: state cadastral registration, land plot, division, land management.
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ANALYTICS: SPEAKER’S CORNER

Ye.A. Zvereva Legal Status of Information in View of the Concept of Civil Legislation Development
THE CONCEPT OF CIVIL LEGISLATION DEVELOPMENT POINTS OUT THAT SCIENTIFIC AND TECHNICAL PROGRESS AND GROWING OPPORTUNITIES OF INFORMATION AND TELECOMMUNICATION NETWORKS REQUIRE GRADUAL IMPROVEMENT OF LEGISLATION ON THE RIGHTS IN INTELLECTUAL ACTIVITY RESULTS. THE AUTHOR DRAWS A CONCLUSION ON THE NEED FOR INTRODUCING THE NOTION OF INFORMATION IN THE RF CIVL CODE AS AN OBJECT OF LAW AND DETERMINATION OF ITS LEGAL STATUS.
Keywords: object of information relations, information as an object of law, legal status of information, access to information, state secret, confidentiality regime
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A.I. Alekseev Principle of caveat emptor and prospects of application of legal due diligence in real estate purchase in Russia
ACCORDING TO THE HIGHEST COURTS, PURCHASE OF REAL ESTATE UNDER DUBIOUS CIRCUMSTANCES SHOULD BE SUBJECT TO A LEGAL DUE DILIGENCE, OTHERWISE THE PURCHASER MAY BE RULED UNFAIR AND BE DEPRIVED OF THE PROPERTY. THE POSSIBLE PROBLEMS OF APPLYING THIS RULE, THE SIMILAR US INSTITUTIONS AND FINALLY THE FUTURE LEGAL DUE DILIGENCE WILL BE DESCRIBED HEREIN.
Keywords: caveat emptor, legal due diligence, replevin, real property purchase
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APPLICATION PRACTICE OF ARBITRATION PROCEDURE CODE

 

S.V. Krol Problems of legal investigation in the court of appeal (comments to Ruling No. 3696, dated 28.05.2009 of the Presidium of the Supreme Arbitration Court of the Russian Federation)
THE ARTICLE CONCERNS MANDATORY APPLICATION OF “RECOMMENDATORY NORMS” OF THE PRESIDIUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION, RETURN OF APPEAL TO THE APPLICANT IN CASE OF ITS FILING DIRECTLY TO COURT OF APPEAL, TRANSITION TO LEGAL INVESTIGATION BASED ON RULES ESTABLISHED FOR COURTS OF FIRST INSTANCE, AND STATEMENT OF OPERATIVE PART OF RULING OF THE COURT OF APPEAL.
Keywords: court of appeal, appeal, recommendatory norms
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D.V. Kamenetskiy, O.A. Ignatieva, V.M. Zyriankin Presentation of Additional Evidence to Arbitration Court of Appeal
SUBJECT TO THE PRACTICES OF ARBITRATION COURTS OF MOSCOW DISTRICT, THE ARTICLE CONTAINS ATTEMPTS TO ANALYZE THE RULES OF RELEVANCE AND ADMISSIBILITY OF ADDITIONAL EVIDENCE SUBMITTED TO ARBITRATION COURT OF APPEAL BY PARTIES INVOLVED IN THE CASE.
Keywords: court of appeal, evidence, additional evidence
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SCIENTIFIC AND ADVISORY COUNSIL

 

 

 

FACES OF COURT