№ 2 2019 english

Questions of application of the Commercial Procedure Code of the Russian Federation

 

According to the results of meeting which was held on October 18 – 19, 2018 in city Yekaterinburg

 

17 Review of court practice on the cases that were considered by the Commercial court of the Urals district in the I quarter of 2019

 

39 Ksenia Lebedeva, candidate of Law, leading expert of department of generalization of court practice of the Commercial court of the Tomsk region

 

 

The article is devoted to the analysis of judicial acts on the cancellation of decisions on debt collection from consumers of energy resources by superior courts in cases of incorrect determination of proper responder. To do this, a review of the judicial practice of commercial courts over the past five years in this area is carried out, the legal essence of the category «energy» and the characteristic cases of cancellation of decisions are studied.

 

The latest legislative interpretations of the unauthorized construction and individual housing construction: their impact on the bankruptcy of a citizen-builder. Part 2

 

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.

 

 

This article describes the issues of choice of the applicable law and court’s jurisdiction in case of change of the personal law of the legal entity by changing its jurisdiction.

 

 

Contracts with inequality of bargaining power in entrepreneurial activity

 

The article deals with the issues of theory and practice of qualification of inequality of bargaining power, defines the criteria of the legal weakness of a contractual party. The authors propose to introduce the term «contract with inequality of bargaining power» for the purpose of brief designation and scientific use and impose the burden of proving the good faith in negotiations and the fairness of contractual terms on the offeror.

 

The analysis of the court practice for 2015 – 2018 years to challenge the unfair behavior of the strong contractual party was conducted. Ways to protect the weak party against unfair contract terms were separately analyzed. Special attention was paid to the claims on changing the contract and declaring the unfair contractual term void.

 

Prospects of legal regulation of digital financial assets and digital rights in the Russian Federation

 

The article is devoted to the assessment of regulatory mechanisms in the draft laws on digital financial assets and digital rights. The characteristics of blockchain technology, cryptocurrencies, token are analyzed. Attention is drawn to the fact that current drafts are not efficient because do not fully take into account the essence of fundamentally new realities. It is concluded that given the difficult economic situation in Russia, the implementation of the provisions of the draft laws in the next few years is premature.

 

Keywords: digital financial assets; cryptocurrency; token; token issuance; mining; blockchain.