№ 3 2018 english

CONTENT

5 Viktor Degtyarev, head of organizational and analytical planning and control Department of the anti-corruption office of the Judicial Department   at the Supreme Court of the Russian Federation

International cooperation in the fight against corruption within the Council of Europe
 
9 Recommendations of the Scientific advisory Council at the Commercial court of the Urals district № 1/2018
 
The issues of application of administrative, tax, customs, antimonopoly legislation, legislation on enforcement proceedings and also the legislation related to the calculation and payment (transfer) of insurance premiums
 
According to the results of meeting which was held on May 31 – June 01, 2018 in Kurgan
 
22 Recommendations of the Scientific advisory Council at the Commercial court of the Urals district № 1/2018
 
Application of the Commercial Procedure Code of the Russian Federation
 
According to the results of meeting which was held on May 31 – June 01, 2018 in Kurgan
 
36 Review of court practice on the cases that were considered by the Commercial court of the Urals district in the II quarter of 2018
 
69 Review of court practice on the application of land legislation
 
Approved at the meeting of presidium of the Commercial court of the Urals district 11.05.2018
 
VIEW OF THE PROBLEM
 
80 Mikhail Semyakin, doctor of Law, chief research fellow of the department of scientific research and international cooperation, professor of the civil law department of the Urals State Law University
 
Legal construction of cession in the russian civil law: theory and practice
 
The author studies some issues related to understanding of the principle of abstraction of an assignment agreement in the russian civil law doctrine and in court practice; the peculiarities of construction of cession both in Russian and European legal order; the cause and effect relationships that determine the cession contract’s development; the application of the above mentioned construction by the commercial courts; also makes some suggestions concerning its evaluation.
 
Keywords: cession, assignor, assignee, legal nature of the cession, assignment agreement, regulatory deal, cause of agreement, invalidity of agreement, principle of abstraction, causal transaction, causation, independence of cession.
 
97 Irina Krasnobaeva, deputy president of the Commercial court of the Urals district
 
Elena Bannykh, head of the department of analysis and generalization of court practice of the Commercial court of the Urals district
 
Once again to issues of legitimacy of refusal of state registration of the right of permanent (indefinite) use of the land plot of the purchaser of the building (construction) located on it
 
Article analyzes a court practice on the issues of transition of the right of permanent (indefinite) use of the land plot in case of alienation of the building (construction) located on it: problems of the state registration of the right of permanent (indefinite) use of the land plot of the purchaser of the building (construction), charging for use of the land plot from him.
 
Keywords: transition of the right of permanent (indefinite) use of the land plot to the buyer of real estate, state registration of the right of permanent (indefinite) use, land tax, rent.
 
103 Vladimir Kalugin, judge, chairman of the judicial board of the Commercial court of the Perm territory
 
The problems of harmonization of bankruptcy legislation and criminal legislation. Part 2. Contesting in bankruptcy case of the payments made in criminal cases 
 
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 criminal liability and punishment, contesting of transactions.
 
115 Pavel Gordeev, teacher of the civil law department of the Urals State Law University
 
Sitora Krivusheva, candidate of Law, teacher of the civil law department of the Urals State Law University
 
Features of bankruptcy of groups of citizens and legal entities
 
This article is devoted to issues of joint bankruptcy of citizens and organizations. In the process of analysis of the existing court practice the necessity of such a mechanism as joint bankruptcy is substantiated. A possibility of including the legal categories «bankruptcy of business groups» and «joint bankruptcy of citizens» in the Russian legislation is studied. A concept of complicity of the business group on the debtor’s side in the bankruptcy case is defined. The criteria for the assignment of organizations to the number of business group, a possibility of applying the concepts of procedural and material consolidation to the bankruptcy of groups of citizens and legal entities are investigated. A necessity of amendments to the legislation relating to joint bankruptcy of citizens is substantiated. The possibility and expediency of such a procedure are investigated.
 
Keywords: bankruptcy, joint bankruptcy of citizens, business groups, material and procedural consolidation.
 
132 Elena Lukina, assistant judge of the Commercial court of the Sverdlovsk region, postgraduate of the private law department of the Urals Institute of Management – branch of the Russian presidential Academy of national economy and public administration
 
Pre-contractual liability in German and Russian civil law
 
This article is devoted to the problems of pre-contractual liability in the civil law of Germany and Russia, to application of the legal structure «pre contractual liability» in court practice. The article analyzes the amendments made to the Civil Code of the Russian Federation regarding the order of negotiations, conditions and criteria of liability of the parties.
 
Keywords: pre-contractual liability, negotiations, conclusion of the contract, good faith, dishonesty, damages.
 
DISCUSSION TRIBUNE
 
147 Mikhail Skuratovskiy, candidate of Law, associate professor of the civil procedure department of the Urals State Law University, chairman of the judicial board of the Commercial court of the Sverdlovsk region retired, honored lawyer of the Russian Federation
 
On possible regulation of the arbitration procedure
 
The article analyzes and suggests a possible ways to improve the arbitration procedure with regard to regulation of the claim procedure for settlement of disputes, special authorities of the representative and other general provisions of the Commercial Procedure Code of the Russian Federation.
 
Keywords: claim procedure for settlement of disputes, special authorities.
 
159 Mariya Rovnyagina, postgraduate of the Urals Institute of Management – branch of the Russian presidential Academy of national economy and public administration
 
Breach of limits on the exercise of rights concept in civil and tax law
 
The article describes the peculiar properties of correlation of existing category «breach of limits on the exercise of civil rights» defined in article 10 of the Civil Code of the Russian Federation and new legal construction – «breach of limits on the exercise of taxpayers’ rights» according to the new article 54.1 of the Tax Code of the Russian Federation. The characteristics of objective and subjective sides of these legal constructions are analyzed. The author raises the question of the discrepancy between them and more general category «good faith» (or dishonesty) in the exercise of civil and taxpayers’ rights. Author gives the conclusion about correlation of categories «breach of limits on the exercise of civil rights» and «dishonesty» and also of legal constructions defined in article 10 of the Civil Code of the Russian Federation and article 54.1 of the Tax Code of the Russian Federation.
 
Keywords: limits on the exercise of civil rights, limits on the exercise of taxpayers’ rights, good faith, due diligence and caution of the taxpayer, business purpose of transaction, unjustified tax benefit, abuse of civil rights, intent and carelessness in violation of limits of the exercise of rights.