2013 Issue №9

This article analyzes the provisions of the recently adopted federal law on the contract system and identifies its shortcomings. The author stresses that new rules are not capable of solving the problem of legal regulation aimed to satisfy state requirements and will create additional complications in the use of terminology, application of legislation, identification of the scope of different regulations, and the correlation of private and public law regulation.

This article considers the introduced and planned changes to the Civil Code of the Russian Federation relating to the construction of a system of legal entities. It is concluded that there is a deviation from earlier doctrinal statements about the directions of system development. The changes do not take into account the existing interconnections and may have a negative impact on law enforcement practices.

This article considers the features of regulating civil liability of institutions in view of the recent changes to the legislation and investigates the key issues regarding the application of civil liability to private, public, budgetary, and autonomous institutions. Special attention is paid to the general and specific features of civil liability relating to the use of civil and fiscal legislation. It is concluded that there is a need to unify the rules of civil liability of institutions.

This article emphasizes the lacunae in the legal regulation of termination of powers and employment agreement of executive officers in connection with the replacement of the exclusive executive body.

This article discusses the features of application of the free customs zone procedure in the Kaliningrad region, draws attention to the problems arising in the judicial practice relating to the application of the said customs procedure, and proposes measures to improve the mechanism of the customs zone procedure applied in the Kaliningrad region in the conditions of the Customs Union.

This article considers the cession or transfer of rights of claim under a credit agreement and the cases of cession restriction established by law. The author analyses the judicial practice of commercial courts and courts of general jurisdiction. It is stressed that the current legislation does not contain provisions that forbid a bank to cede rights under a credit agreement. The conclusion is made that the law provides an opportunity for alienating the bank’s rights (claims) in respect of borrowers (natural persons). The author considers the position of public authorities on the inadmissibility of cession of a bank’s rights by non-bank organizations.

This article considers the problems of analysing will and will expression of citizens when performing legally significant actions. The author stresses the importance of analysing citizens’ will in view of the changes to the provisions of the law on the limitation of legal capacity of natural persons. The article stresses the need to extend the role of notaries in documenting the will and will expression of civil circulation participants.

This article considers the topical issues of modern Russian notary system and the prospects of its development. The author formulates certain recommendations on the improvement of legislation pertaining to the legal status of the notary. The draft federal law ‘On the Notary System and Activities in the Russian Federation’ is analysed.