№ 4 2017 english

CONTENT

Irina Shak

The Legal olympiad among civil servants of Commercial courts of the Urals judicial district.

 
18 Recommendations of the Scientific advisory Council at the Commercial court of the Urals district № 1/2017
 
Questions of application of legislation on individual types of obligations
 
According to the results of meeting which was held on July 1 – 2, 2017 in Ufa
 
39 Review of court practice on topical issues of application of the Code of administrative offences of the Russian Federation
 
Approved at the meeting of presidium of the Commercial court of the Urals district 23.06.2017
 
49 Review of court practice on the cases that were considered by the Commercial court of the Urals district in the III quarter of 2017
 
DISCUSSION TRIBUNE
 
75 Ksenia Lebedeva
 
Updating of the summary order of the commercial litigations
 
The article is devoted to the research of origin of this procedure of litigations and also to the analysis of interpretation by the Supreme Court of the Russian Federation of some innovations in application of summary proceedings in the commercial litigations.
 
Keywords: emergence of summary proceedings in the 19th century, updating of the summary order of the commercial litigations, interpretation of the procedural law, determination of the amount of the claim, amicable settlement, procedural terms, join of diverse claims.
 
86 Natalia Zorina
 
Questions of use of the legislation’s norms which relate to general provisions on purchase and sale and delivery of the goods (paragraphs 1, 3 of chapter 30 of the Civil Code of the Russian Federation)
 
The author discusses some of the legal problems that are related to situation, when payment for products depends on invoicing, that expressly provided by the contract, but supplier don’t issue invoices; to consideration the possibility of reclaim documentation about the products from third parties; to seller’s right to withdraw from the contract and to request to return the goods, when buyer paid more than half of price; to legal consequences of violation of rules of acceptance of the goods; to obligation to pay for the goods, that were not receive; to requirement of return a defective product.
 
Keywords: sale, delivery, payment period, reclaim of documents, violation of the term of the next payment, rules of acceptance of the products, payment for goods, defective goods.
 
95 Lubov Gudovicheva, Larisa Dobrynina
 
Payment of a debt by the guarantor and a third party: definition, conditions and consequences
 
The article describes the features of practical implementation, the main issues of differentiation of scope and the legal effects of the application of the rules on the payment of a monetary debt by a third party and the guarantor.
 
Keywords: monetary obligation, creditor, debtor, third person, guarantor, share obligation, unilateral contract, intermediation on the bill of exchange (intervening), abuse of the right, the counteraction against laundering of proceeds.
 
VIEW OF THE PROBLEM
 
111 Vladimir Kalugin
 
The problems of harmonization of bankruptcy legislation and criminal legislation. Part 1. Criminal fines in the bankruptcy case
 
The article is devoted to issues of harmonization of bankruptcy legislation, criminal legislation, criminal procedural legislation and criminal executive legislation.
 
Key words: bankruptcy, criminal liability of debtors, exemption from punishment.
 
122 Aleksej Zherebcov
 
Consideration of cases about bankruptcy of citizens in the presence of decisions of courts of criminal jurisdiction in respect of their
 
The article explains the issues of consideration by commercial courts of cases about bankruptcy of citizens, prosecuted to criminally liable or convicted of a crime. The author investigates the problem of the order of execution in the procedure of bankruptcy of a citizen of a criminal penalty in the form of a fine and a judicial fine as another measure of a criminal-legal character. The article justifies the right of a bankrupt citizen in accordance with bankruptcy legislation to compensate for the harm, that he has caused by his crime. The author argues the insufficiency of normative regulation in the issue of correlating the bankruptcy legislation and criminal legislation in relation to bankrupt citizens, who have committed crimes, for exemption from criminal liability or commutation of criminal punishment.
 
Keywords: bankruptcy of a citizen, execution of criminal penalties, contesting of the debtor’s transactions, another measures of a criminally-legal character.