№ 1 2019 english

CONTENT

3 Ekaterina Romanova

Improving the application of disciplinary measures for corruption offences against state civil servants
 
9 Recommendations of the Scientific advisory Council at the Commercial court of the Urals district № 2/2018
 
The issues that arise in litigations from land relations
 
According to the results of meeting which was held on October 18 – 19, 2018 in Ekaterinburg
 
21 Review of court practice on the cases that were considered by the Commercial court of the Urals district in the IV quarter of 2018
 
58 Review of court practice on topical issues of application of the provisions of subparagraph 2 of paragraph 2 of article 45 of the Tax code of the Russian Federation
 
Approved at the meeting of presidium of the Commercial court of the Urals district 21.12.2018
 
VIEW OF THE PROBLEM
 
65 Sergey Lazarev
 
About the possibility of distribution of court expenses connected with consideration of the case in the court order procedure
 
The article analyzes the answer to question 3 of the section «Explanations on issues arising in court practice» of the Review of court practice of the Supreme Court of the Russian Federation № 3 (2018), approved on 11.11.2018, according to which due to the specifics of the writ proceedings the court expenses are not distributed when the court order is issued. The author suggests ways to further study the issue of the distribution of expenses in the court order procedure.
 
Keywords: court order, court order procedure, court costs, state fee, court expenses.
 
71 Mikhail Semyakin
 
Plurality of pledgees (co-pledge): its nature and interpretation in light of the positions of the highest courts of the Russian Federation
 
In the article the author considers a concept of plurality of pledgees, the right of pledge and its nature, causes of emergence of a co-pledge and its forms, agreements between the pledgees, the sale of the subject of pledge.
 
Keywords: co-pledge, plurality of pledgees, right of pledge, nature of pledge, right of follow, forms of pledge, seniority, agreement, sale of the subject of pledge.
 
86 Lubov Gudovicheva
 
The latest legislative interpretations of the unauthorized construction and individual housing construction: their impact on the bankruptcy of a citizen-builder. Part 1
 
With some time in Russian reality began to occur the events that brought to the fore the study of the permitted order of use of the land. The owners or persons who own on other legal grounds the lands intended for individual housing construction, for horticulture and market gardening, for personal subsidiary farming, began to build apartment houses on these lands. These facts raised before the authorities, courts and lawyers the issues connected with possibility of preservation such buildings, and also recognition of their unauthorized buildings and demolition. Recently, there has been some easing of the legal regime of unauthorized constructions, and also individual housing construction. However, the court practice faced a new phenomenon that can be described as the bankruptcy of a citizen-builder. This phenomenon entails a number of issues that require its regulatory settlement, and sometimes correction of court practice.
 
Keywords: unauthorized building, permitted use, land, individual housing construction, family members of the employer, legalization of buildings, real estate developer, the bankruptcy of natural person.
 
107 Rim Opalev
 
The concept of legal costs and the rules on their compensation
 
The author examines the controversial issues on legal nature of legal costs. The article describes the practical consequences of the principle of compensation for legal costs that was formulated by the Plenum of the Supreme Court of the Russian Federation.
 
Keywords: judicial procedure, court proceedings, claim, plaintiff, defendant.
 
DISCUSSION TRIBUNE
 
116 Ivan Osokin
 
Problem of confusion between legal regulation methods in determining the amount of compensation for damage caused to environment and public roads
 
The article is devoted to the problematic issues of determining the amount of damage caused to public goods in the consideration of disputes by commercial courts. The issues of the unjustified confusion of legal regulation methods in determining the extent of harm, the correlation of damage compensation and recovery of mandatory payments are considered. Based on the analysis of the examples given in the article, it is concluded that in the judicial practice there are similar problems of determining the extent of harm caused to public goods due to imperfect legislation and legal approaches of higher courts. Legal regulation of the use of public goods should contain both public and private legal elements that constitute a well defined and interrelated system, but not a poorly coordinated and ambiguous set of legal rules which exists now.
 
Keywords: public goods, compensation for damages, environmental harm, damage to public roads, mandatory payments.

 

Опубликовано: 29.05.2019 09:18 Обновлено: 29.05.2019 09:18