Interview of the issue
T.E. Abova
Provisions on Freedom of Contract Remain Fundamental to Our Entire Binding Right
Courts News
News of Moscow District Courts
Topicality
Teleological Interpretation of Contractual Norms: A New Vector of Judicial Practice
Analytics: STATUTE OF LIMITATIONS
A.P. Sergeev, T.A. Tereshchenko
Statute of Limitations: Separate Contradictions in Legal Regulation and Related Enforcement Problems
Despite the recent civil law reform, the institution of limitation is underdeveloped. The authors illustrate this thesis by addressing a number of important issues, including the effect of the so-called objective statute of limitations on the protection of civil rights, the determination of the date from which the statute of limitations should be calculated, as well as the impact on its course of claim and other pre-trial dispute resolution procedures. This reasoning allows to conclude that most of these problems can be solved only at the legislative level, but some of them can be leveled out by careful and accurate use of existing legal terms and structures.
Keywords: limitation period, objective limitation period, claim procedure for dispute resolution, mediation
D.O. Schniger
Effect of the Contractual Claim Period on the Limitation Period
The article considers the development of legislation and judicial practice in terms of the impact of claim terms on the statute of limitations. The author substantiates vital character of the problem of possibility of suspension of a term of limitation for the period of claim settlement, including the period provided by the contract. This problem creates the risk that the impact of the claim period on the statute of limitations will be assessed incorrectly and unequally in similar situations. So, the author suggests few resolutions for law enforcers and the legislator.
Keywords: claim procedure, limitation, suspension, Concept of civil legislation development
Analytics: Open Forum
A.A. Malushin, K.A. Malushin
Statute of Limitations in Enforcement Proceedings
The legal regulation of the calculation of the term for submission of an enforcement document for execution has changed. The authors analyse reasons of these changes and their necessity for the development of civil turnover.
Keywords: enforcement proceedings, term of enforcement, enforcement document, principles of enforcement proceedings
P.M. Morhat
Immediate Enforcement and Entry Into Force of the Ruling Issued by the Arbitrazh Court
The article investigates the correlation between the concepts of “immediate execution of the ruling”, which is fixed in Russian Arbitrazh Procedure Code (APC), and the “entry into force” which does not exist in the APC. General norms of the APC and special provisions of the Law on bankruptcy are assessed. The author discovers judicial practice of cancelling the rulings on the return of applications contesting transactions submitted by the insolvency administrator, whose authority is terminated by the ruling of the court of first instance satisfying the complaint of the bankruptcy creditor and the removal of the manager from the procedure of insolvency (bankruptcy) of the debtor. The author proposes to supplement the Article 319 of the APC which obliges the arbitrazh court of first instance to issue the writ of execution.
Keywords: insolvency, bankruptcy, determination of the arbitration court, entry into force of court rulings, execution of judicial acts
A.A. Soloviev
The Anglo-Saxon Model of Administrative Justice: The Canadian Experience
This article deals with the Canadian administrative justice system. The author focuses on the main problems of the organisation of administrative justice in Canada at the federal level, examines the activities of quasi-judicial specialised administrative bodies (tribunals, councils, commissions), analyses the legal status of the Council of Canadian Administrative Tribunals. The author also examines the role of general courts in providing control over administrative decisions. Special attention is also drawn to the features of the functioning of administrative justice bodies in the provinces of Quebec and British Columbia.
Keywords: administrative justice, Anglo-Saxon legal system, Canada, international practices, quasi-judicial bodies, judicial system
Scientific Advisory Council
Minutes of the Meeting of the Scientific Advisory Council of the Arbitrazh Court of the Moscow District No. 13
Protocol decision of the Presidium of the Arbitrazh Court of the Moscow District No. 42
