№ 1 2018 english

3 Recommendations of the Scientific advisory Council at the Commercial court of the Urals district № 2/2017

Part I. The issues of application of insolvency (bankruptcy) legislation

According to the results of meeting which was held on October 19 – 20, 2017 in Perm
 
10 Recommendations of the Scientific advisory Council at the Commercial court of the Urals district № 2/2017
 
Part II. The issues of application of the Commercial Procedure Code of the Russian Federation
 
According to the results of meeting which was held on October 19 – 20, 2017 in Perm
 
19 The final reference on questions of application of the legislative rules on supply with municipal resources
 
Approved at the meeting of presidium of the Commercial court of the Ural district 14.04.2017
 
26 Review of court practice on the cases that were considered by the Commercial court of the Urals district in the IV quarter of 2017
 
VIEW OF THE PROBLEM
 
56 Sergey Lazarev
 
Recommendation of presidium of the Commercial court of the Urals district about the additions to the cassation complaint
 
The article discusses the issues reflected in the decision of presidium of the Commercial court of the Urals district about the additions to the cassation complaint (a possibility to make additions to the cassation complaint, the concept of additions to the cassation complaint, their content and a term of submission of additions).
 
Keywords: cassation complaint, additions to the cassation complaint, preliminary cassation complaint, procedural estoppel, abuse of procedural rights.
 
64 Inga Malyshevа
 
Judicial review over the suspension, withdrawal and revocation of license
 
The article is devoted to the issues of legal regulation in the sphere of licensing. The publication reveals the notions of suspension, withdrawal and revocation of license, presents a brief comparative analysis of legal provisions regulating these issues, the proposals for unification of the procedures of withdrawal and revocation of the license for any type of activity.
 
Keywords: judicial review, the license, suspension of license, withdrawal of license, revocation of license, problems of legal regulation in the sphere of suspension, withdrawal and revocation of license; difference between withdrawal of license and revocation of license.
 
86 Lubov Gudovicheva
 
One-time deals in the doctrine, legislation and judicial practice: substantive and procedural issues
 
The article is devoted to the concept of a one-time deals widespread in judicial practice, to their forms, types, to causes for recognition of the deal as a one-time deal; to the procedural issues of the application of this concept, to separation of this concept from other concepts, to application of the limitation period in disputes based on the one-time deals.
 
Keywords: contract, one-time deal, invalidity of a one-time deal, recognition of the contract as not concluded, limitation period, change of the cause of claim.
 
109 Yulia Gongalo
 
On methods of rights protection: enforcement to issue a loan or recovery of damages?
 
The article analyzes the methods of rights protection in case of failure to perform the obligation to issue a loan in the light of introduction into the legislation the construction of the consensual loan contract, the article substantiates the possibility of awarding the performance of the obligation to issue a loan.
 
Keywords: method of protection, awarding the performance of the obligation in kind, consensual loan contract, obligation to issue a loan.
 
DISCUSSION TRIBUNE
 
118 Elizaveta Shishova
 
Legal certainty and stability of property relationships: legal basis and destructive factors
 
A tendency of civil turnover to be stable is well-known but at the same time there is instability, which is able to affect the civil turnover and civil relationships as well. This article is devoted to aspects of influence of instability factor on civil relationships and civil turnover. The nature of instability and problems of external and internal instability are also reviewed.
 
Keywords: legal certainty, instability of civil relationship, stability of civil turnover, pledge of goods in turnover, floating charge.
 
126 Valeriya Yurovskaya
 
Regarding the legal regulation of accessory obligations in private international law
 
The article describes some issues of the legal regulation of accessory obligations in private international law. The main point of research is a resolving of various collisions in this area. The author makes suggestions for improvement the legal regulation of accessory obligations based on compare of Russian and Swiss legislation, international acts and a single codified act – the Bustamante code.
 
Keywords: private international law, accessory obligations, law of autonomy of will, collisions, tacit agreement.