Прием граждан и представителей организаций
№ 3 2019 english
CONTENT
9 Review of court practice on the cases that were considered by the Commercial court of the Urals district in the II quarter of 2019
Author.s article
46 Dmitry Abushenko
Legal costs of third parties through the prism of an optional dispute: from critical reflections on legislative novelties to the substantiation of the theoretical model
This article deals with the problem of recovery of court costs in respect of third parties without independent claims concerning the subject of the dispute. An attempt is made to critically comprehend some legislative novelties. The necessity to resort to the categories of «legal interest» and «facultative legal dispute» as a basis for building a fair models of distribution of court costs is justified.
Keywords: third parties without independent claims concerning the subject of the dispute, facultative legal dispute, court costs.
58 Vladimir Belykh
Compensation for losses as a remedy under the English and Russian law
The article examines specific features of the notion «losses» under Russian and English law. The author reveals the economic and legal nature of losses and shows the relationship between related notions such as «losses», «damage», «harm» and «loss». The author thinks that losses are material loss of a person due to breach of contractual obligations by contractor. Compensation for losses is universal means of a civil liability. The article gives the legal classification of losses (article 15 of the Civil Code of the Russian Federation): real damage and lost profit. At the same time, the author analyses such types of losses as nominal, abstract and liquidated damages. In terms of comparative law, the author proposes to implement English notions in the sphere of Russian civil legislation and judicial practice, however, considering the national peculiarities of the Civil Code of the Russian Federation.
Keywords: losses, real damage, future damage, lost profit, harm, compensation for losses, nominal losses, abstract losses, liquidated damages, procedure and difficulties of recovery of a losses.
75 Bronislav Gongalo
The concept of escrow contract
Since June 01, 2018, the next amendments to the Civil code of the Russian Federation have come into force, as a result of which a new type of contractual obligations – the escrow agreement has been legislated. The phrase «in escrow» in English means «in the custody of a third party until a certain condition is met». As the escrow agreement is intended for application in various spheres, and also in connection with modification of articles 15.4 and 15.5 of the Federal law of 30.12.2004 № 214-FZ «About participation in share construction of apartment houses and other real estate objects and about modification of some legal acts of the Russian Federation», in the near future the specified agreement will obviously be widely applied in civil turnover. Therefore, a study of this Treaty is relevant. The article analyzes the legal nature of the escrow agreement, its subject composition, the essential terms of the agreement, the content of the obligation generated by the escrow agreement, the grounds for its termination. It is concluded that it is necessary to distinguish the subject of contract and the object of deposit, also the features by which it is necessary to distinguish the escrow contract and the letter of credit are given. The escrow account agreement is also considered.
Keywords: escrow agreements (escrow), mutual escrow, depositor, beneficiary, escrow agent, escrow object, significant terms, content of the obligation, deposit of things, deposit of uncertificated securities, deposit of non-cash, letter of credit, escrow account contract.
88 Dmitry Murzin
Information in the third millennium is an object of civil rights?
In the current Civil Code of the Russian Federation information as such does not appear in the list of objects of civil rights. The reason for this is the uncertainty in the following question: the object of what specific subjective right is an information not related to the protected results of intellectual activity. The article examines the regulation of relations on transfer (disclosure) of information in contract law, in the field of moral rights, in the field of creative relations (in relation to the results of scientific activities not protected by copyright or patent law). It is concluded that it is necessary to design a special exclusive right to non-confidential information. Specific elements of the legal construction of such a right to information are proposed.
Keywords: information, object of civil rights, results of scientific activity, exclusive right, personal data, intellectual rights, execution of design and survey works, execution of research, development and technological works.
101 Mikhail Semyakin
Contract system in the sphere of procurement of goods, works, services for state and municipal needs and practice of application of forfeit (fine, penalty) as a way of protection of civil rights and legal interests of state customers
The article describes the problems associated with the understanding of the system of state and municipal procurement in the Russian Federation and its content, protection of the rights and legal interests of customers in the application of such a method of protection as a forfeit (fine, penalty), and also presents some considerations relating to the ratio of forfeit (fine) and penalty, other means of ensuring contractual obligations, improving the practice of their application.
Keywords: state contract, contract system, system-forming factor, legal nature, complex legal relationship, forfeit, fine, penalty, monetary security of the obligation, correlation of forfeit, fine, penalty, practice of application.
118 Mikhail Skuratovskiy
About the essence and trends of special proceeding in the commercial procedure
The article describes the most obvious trends in the legal fact-finding proceeding in the commercial procedure in Russia. The author, based on the doctrine of civil procedural law, established judicial and own legal practice as a judge of the commercial court, as well as a personal vision of the problems, analyzes the composition, nature and the need in economic turnover of facts that are to be established in a special proceeding. The article substantiates the author’s, debatable view on the legal nature of special proceeding.
Keywords: special proceeding, establishment of facts of legal significance, legitimization, unnamed facts, legal essence of special proceeding, administrative and jurisdictional functions of courts.
129 Vladimir Yarkov
Preclusion in the system of rights protection in Russian civil and administrative legal proceedings (statement of the issue)
The article is devoted to the use of preclusion’s institute on the example of civil and administrative legal proceedings. The author considers concept of preclusion, its features and functions, manifestations within the jurisdiction institutes and of the choice of legal proceedings type.
Keywords: preclusion, estoppel, preclusive sanctions, loss of the right to objection, jurisdiction, civil and administrative proceedings.
Опубликовано: 30.10.2019 12:05 Обновлено: 30.10.2019 12:05