As part of this meeting of the Federation Council members before it was made head of the Supreme Arbitration Court Anton Ivanov. His report was timed to coincide with the theme of the right accessories and
other real rights, but because of 15 minutes. Chairman of the EAC's own concert, touched and other topical issues, he told the senators, rather than bad code and the Earth as it is allowed to correct, why not move the bill on amendments to the civilian code, that why should bestow investigators autonomy on par with the arbitrators, and why people need to explain, if compromised enough - not good.
5 components protect the right accessories and other rights
According to Ivanov to the view, probably an accurate and consistent legislation, thorough legal positions of the vessels according to the use of this legislation, the integrity of the judicial practice and its stability, supportive regulatory environment for the adoption and implementation of judicial decisions and the public world, condemning anyone who infringes on another's property.
Earth than bad code
According to the head according to YOU, the standard in 2001, Earth Code, rushing everywhere to enter or advantage belonging to the excavation of land or a conditional title lease, demolish tighten the system of real rights. Almost all of the rights holders did not want to elect out of 2-varieties, valuing retained in the former location. As a result, the principle of connection in the hands of a human on earth and land on the other immovable assets it turned into its own dissension - the number of properties that exist in isolation from the excavation sites, only increased.
About the Civil Code and the newly made within the freedom of contract
Ivanov told the senators, if big changes in terms of amendments to the Civil Code were generally accepted yardsticks of the benefits of membership and other proprietary rights. Developers to rational solutions have been proposed, to touch the different types of property rights and their proportions friend with another. Plan solved almost all the difficulties Earthen Code, for example, the availability of rights to the structure apart from the rights to ground stations, spot construction and discharge the rest.
But this plan stalled movement according to factors unrelated to the protection of rights of ownership and other real rights - denial caused some generally accepted yardsticks of the collective and the law of obligations, constraints on freedom of Tipo commercialization. "But it is impossible to throw, but if businessmen whose interests are protected countless influential unions, we have millions of ordinary people, whose voice in the debate on the Civil Code, in fact, did not hear," - see Ivanov. "By the will of the fact negotiated with the right accessories CO regulation and other proprietary rights in all states is reduced to the minimum number - all want to be in charge of who has the assets. And in our courts became commonplace activity more closely, as soon as due to the structure and Varvarka Maroseika judged two offshore - from Cyprus and the Virgin Islands of the defenders, who categorically shall be removed to open their own principals - he continued, warning - If we further extend the contractual freedom in this area, the offices will be settle zabugornogo fate of such property, including not addressed in our courts. "
Accordingly to the view Ivanov, in a collective and unlimited liability law has continued contractual freedom does not lead to the declared result, "as the assets are transferred to offshore accounts not only so, if we have bad legal practice - in offshore tax unfriendly shove people and operations Assets ". The head of SAC described disappointing picture of the future: "While we can not change the tax system, for example, does not introduce a small annual tax increment funds, the Court of wealth in offshore accounts will continue, no matter what level of freedom of contract, we found neither. But the distinct civil legal system will be blurred, and then in the muddy water zavedutsya these mutants, like craft Yukos childish prattle prividitsya us. " In order to avoid such frightening results Ivanov called for more rapid adoption of the configurations in the Civil Code.
On the responsibility of the iniquity of the procedural rights
"For the effective protection of law enforcement supplies of principle supportive environment", - said Ivanov, explaining, as if owned in mind the following execution of judicial acts. However, according to him, in this area a lot of violations and often in the proceedings including the Presidium of the dishonest amortize three face in order to evade unnecessary for their judicial acts.
"We have quite a few years we carry out a conversation about strengthening the responsibility of the iniquity of the procedural rights, and WHO and now after that. Lacking criminal cases, according to whom a lure for contempt of court. In this case, a feeling that they did not care about deliberately - so that we suffer, "- saw head YOU.
On a single stock of these cases and registers recording
"The Web of there all the cases considered by our courts. No time to reconcile our database of registries with registration of legal entities and rights to immovable assets and related transactions, that according to the ongoing pretext or other objects of the litigation discussions were automatically in the data registers as a special mark? " - Senators voiced Ivanov native instruction. He explained that if these records would be produced multiple 1st alienation and because of this absurd object, and added, if technically feasible probably need a corresponding law.
No comments:
Post a Comment