№ 2 2018 english

CONTENT

3  Yulia Alekseeva, deputy head of the anti-corruption office of the Judicial Department at the Supreme Court of the Russian Federation

Some issues of observance of the anti-corruption legislation of the Russian Federation in the employment of citizens who previously held positions in the state civil service
 
8  Review of court practice on the cases that were considered by the Commercial court of the Urals district in the I quarter of 2018
 
36  Review of court practice on topical issues arising in litigations with the participation of state bodies on supervision and control in the field of business and other economic activity
 
Approved at the meeting of presidium of the Commercial court of the Urals district 19.01.2018
 
44  Recommendations of the working group on discussion of issues arising in the practice of application of the Commercial Procedure Code of the Russian Federation of 06.03.2018 № 1/2018
 
VIEW OF THE PROBLEM
 
53  Natalya Kogdenko, candidate of Law, judge of the Commercial court of the Chelyabinsk region
 
To the questions of the consequences of the introduction of the debt restructuring procedure and release of a citizen from obligations
 
The article describes the issues of release of a citizen from obligations by results of the debt restructuring procedure, transition from the sale of property to the debt restructuring, the conditions for approval of the restructuring plan.
 
Keywords: consumer bankruptcy, debt restructuring, restructuring plan, release from obligations.
 
60  Ksenia Lebedeva, candidate of Law, leading expert of department of generalization of court practice of the Commercial court of the Tomsk region
 
The legal stances of The Constitutional Court of the Russian Federation on the issue of applying the provisions of point 4 of article 222 of the Civil Code of the Russian Federation
 
The article is devoted to the study of interpretation of point 4 of article 222 of the Civil Code of the Russian Federation in recommendations and stances of the Constitutional Court of the Russian Federation given by results of consideration of the specific request of the deputies of the State Duma of the Russian Federation.
 
Keywords: unauthorized building, administrative order of demolition of unauthorized buildings, stances of The Constitutional Court of the Russian Federation, protection of the right of ownership.
 
72  Denis Latypov, candidate of Law, associate professor of the Department of business law, civil and commercial procedures of the Perm State National Research University
 
Features of protection of the civil rights of owners of unauthorized buildings in the event that the competent authority decides to demolish out-of-court (review of the commercial courts practice)
 
The article is devoted to the court practice in litigations related to the protection of the rights of owners of unauthorized buildings in the event that the local self-government authority decides to demolish in extrajudicial (administrative) order in accordance with point 4 of article 222 of the Civil Code of the Russian Federation. The subjects of study are the issues of overcoming the valid judicial acts on the legalization of unauthorized buildings by the passing by the competent authorities of the specified administrative decision, the problems of applying the limitation period. The analysis of existing court practice on this topic is made. The generalization of the most frequently encountered questions in the resolution of such litigations is given. According to the analysis the conclusion about the necessity of consolidating certain legal norms designed to establish a uniform approach is made.
 
Keywords: unauthorized building; period of limitation; administrative order of demolition of unauthorized building; overcoming the judicial act on the legalization of unauthorized building.
 
83  Larisa Mozhayskaya, candidate of Law, associate professor of the criminal law department of the Urals State Law University
 
Larisa Dobrynina, candidate of Law, associate professor of the civil law department of the Urals State Law University
 
Counterfeit medicines in the legislation: concept, criteria of determination and sanctions for the introduction into the civil turnover
 
The article is devoted to the issues of legislative determination of features and specific of the counterfeit drug. The authors investigate the grounds and conditions for administrative, criminal and civil liability for the violation of the rules of medicines turnover. The examples of law enforcement practice in cases of this category are given. The authors analyze the conflict of laws and propose amendments to the legislation on combating the counterfeit medicines turnover in the Russian Federation.
 
Keywords: medicines, counterfeit, pharmaceutical activity, health care, invention, patent, trademark.
 
DISCUSSION TRIBUNE

107  Andrey Kosticyn, senior lecturer of the Law faculty of the Perm State National Research University, candidate for ad hoc arbitrator

Aleksandr Bormotov, candidate of Law, associate professor of the Law faculty of the Perm State National Research University, candidate for ad hoc arbitrator
 
The pseudo-arbitration ad hoc
 
The reform of arbitration proceeding contributed to the development of the ad hoc arbitration institution (created by the parties arbitration court to resolve a particular dispute). The flip side of this experience was the settlement of disputes in evasion of law by arbitration proceeding institutions, that forfeited of this right, by creating a pseudo-arbitration ad hoc.
 
Keywords: arbitration court, arbitration proceeding, ad hoc, assistance and control in relation to arbitration courts, created by the parties arbitration court to resolve a particular dispute, arbitrator, rules of arbitration court, costs of arbitration, alternative dispute settlement.
 
REVIEWS
 
116  Irina Reshetnikova, doctor of Law, professor, a honored lawyer of the Russian Federation, president of the Commercial court of the Urals district
 
Review of book by S.V. Lazarev «The case administration in the civil procedure abroad»
 
The case administration ensures an effective justice. At the book the author analyzes the experience of 18 countries.
 
Keywords: case administration, court, practice of foreign countries.