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ACTUAL PROBLEMS OF SIMPLIFIED PROCEEDINGS IN THE ARBITRATION PROCESS

Page:35-38

Release: 2020-1 (23)

DOI: 10.21777/2587-9472-2020-1-35-38

Annotation: This article will address the most pressing problems of law enforcement in simplified proceedings of the arbitration court, which are caused, for the most part, by the imperfection of the current legislation in this area, in particular, Chapter 29 of the Arbitral Procedure’s code of the Russian Federation, and require close attention from the legislator. First of all, these are such controversial issues as the expediency of setting a 15-day period for filing an objection and evidence; what procedure for notifying the parties is acceptable in simplified proceedings, and what is not; how are the key procedural principles of competition and dispositivity implemented in the framework of a single hearing on a case; and whether the category of cases that the legislator currently refers to the main goals of the simplified procedure – procedural economy. In addition, it is impossible to deny the existence of theoretical problems in simplified arbitration proceedings, for example, in determining the legal nature and essence of simplified proceedings, which is also the purpose of this article.

ON THE ISSUE OF A CONTRACT FOR THE PROVISION OF PAID SERVICES

Page:37-42

Release: 2020-3 (25)

DOI: 10.21777/2587-9472-2020-3-37-42

Annotation: The article provides a description of the current legislation governing relations arising from contracts paid services, examines the legal definition of “service” and “provision of services”, the peculiarities of the contract of compensated rendering of services in comparison to a contract perform work, shows new trends and directions of development of contractual structures services in the private law sphere (digitalization, uberization), identifies a number of gaps and contradictions in the legal regulation of the contract of compensated rendering of services, the proposals on their elimination. It is concluded that the theoretical basis of the contract for the provision of paid services needs to be adjusted, supplemented and clarified, and the legal norms governing the contract for the provision of paid services need to be upd ated and improved by law. While the prospects for the development of the legal institution of paid services are seen, firstly, in the expansion and detailing the general provisions on contracts for the paid services in the Civil Code of Russia, secondly, in the development of a se t of special rules contained in other legal acts regulating varieties of contractual institute of paid services in general.

LEGAL SUPPORT OF STATE SUPPORT FOR MEASURES TO IMPROVE HOUSING CONDITIONS OF CITIZENS: CORPORATE AND LEGAL ASPECTS

Page:39-43

Release: 2020-1 (23)

DOI: 10.21777/2587-9472-2020-1-39-43

Annotation: The purpose of this article is to study the corporate and legal aspects of legal support for state support of measures to improve housing conditions of Russian citizens. The relevance of the chosen topic is determined by the need to build and develop the direction of interaction of organizations of all forms of ownership and the state in the most effective implementation of government support measures to improve housing conditions of citizens. Research methods: General dialectical method of scientific knowledge, methods of comparison, analysis, generalization. Main results: we studied the existing measures of state support for Russian citizens in the field of improving housing conditions, the ratio of Federal and regional housing legislation of the Russian Federation. It is concluded that currently the legal support of state support for measures to improve the housing conditions of citizens is complex. In particular, state support is provided not only by the Russian Federation, but also with the involvement of credit organizations and joint-stock companies, such as JSC “DOM.Russian Federation”, with the simultaneous development of a mechanism for compensating the latter for lost income.

ON THE JURISDICTION AND COMPETENCE OF THE INTELLECTUAL PROPERTY RIGHTS COURT

Page:41-48

Release: 2020-2 (24)

DOI: 10.21777/2587-9472-2020-2-41-48

Annotation: The relevance of the present research is served by the fact that creation of intellectual property rights court in the system of arbitrary courts in RF reopened scientific discussion about the correlation between the jurisdiction of the regular courts and arbitrary courts. Nowadays specialization of judiciary is being prior area of the judicial reform, that’s why issues of jurisdiction and competence of the intellectual property rights court are included into the scientific discourse. Objective: is to develop a model for resolving cases of exclusive rights and arbitration procedural legislation in order to formulate proposals on this basis for improving arbitration procedural legislation. The fundamental basis of the research is built upon dialectical method. The authors also use the other methods of the research which are general scientific and special legal methods including systematic, comparative legal onces, etc. Results: the article examines the features of the content of the legal categories “competence” and “competence” of the intellectual property Court as a specialized judicial body. The analysis of criteria for dividing competence between related bodies is carried out. It shows the General problems in the sphere of implementation by the intellectual property Court of its powers to consider cases within the existing competence. The necessity of changing the composition of the intellectual property Court by introducing the institution of arbitration assessors is proved. It seems appropriate to develop the concept of competence of the court of intellectual rights-a set of jurisdiction and jurisdiction of the case to the specified court, and the criterion for distinguishing the jurisdiction of the dispute is the subject of the dispute and its subject matter. This definition of competence will help to differentiate the powers of the judiciary.

PROSPECTS FOR SELF-REGULATION IN BANKRUPTCY

Page:43-49

Release: 2020-3 (25)

DOI: 10.21777/2587-9472-2020-3-43-49

Annotation: The article is devoted to the analysis of several initiatives that are included in the bill on amendments to the Federal law of Russian Federation “On insolvency (bankruptcy)”. Examining the bill, which, if adopted, will turn out to be a major reform in the industry, the author compares the novelties with the current legislative norms and puts forward his assumptions on the possible consequences of the introduction of legislative initiatives. It is also examined legislative initiatives in terms of their impact on reducing self-regulation in the field of bankruptcy and increasing government participation in it. The research method is aimed at finding the validity of the ideas of the developers of the draft law on reforming the bankruptcy industry and also reflects the lack of coordination of legislative initiatives with the professional community of arbitration managers.