In this article, the authors study and analyze the recent decisions of the courts of general jurisdiction (the appeal ruling of the Judicial Collegium for Civil Cases of the Moscow City Court of 26 July 2019 in case No. 33-34038/19 and the ruling of the Second General Jurisdiction Court of Cassation of 12 March 2020 in case No. 88-3792/2020). The authors, in the process of analyzing these examples of law enforcement law, come to the conclusion that the lack of a pro-arbitration approach in the courts of general jurisdiction to the application of the provisions of the Civil Procedure Code of the Russian Federation on the procedure for enforcing decisions of arbitration courts may not only block for a long time decision, but also to help reduce the popularity of arbitration proceedings as a way to resolve commercial disputes in Russia. In addition, the researchers note that the existing norms of the procedural law contribute to the emergence of situations that increase the time and cost of enforcing the arbitral award and create additional risks, including those associated with both delaying the process and blocking the execution of the arbitral award.
Annotation. Introduction. Understanding the system of civil law regulation is impossible without assessing the role and significance of such legal phenomenon as the functions of civil law. The purpose of this article was to consider the essence and types of functions of civil law in conjunction with the doctrine of civil law. The author examines the system of civil law regulation taking into account the assessment of the role and significance of such legal phenomenon as the functions of civil law. With the help of methods of scientific cognition, first of all, the method of system analysis, it is established that the functions of law determine the direction of development of the content of the law. The peculiarity of the functions of civil law is associated with the specifics of both the subject and the method of civil law regulation. As a result of the research, the author comes to the conclusion that the functions of civil law are determined by the doctrine, and the external manifestation of this legal influence by the guiding principles of civil law for all participants of the legal process.
The relevance of the article is determined by the fact that a state registration of rights in the Consolidated State Register of Real Estate is considered as the undoubted evidence of the existence of a registered right and is interpreted by the courts as a disputable presumption.The purpose of the article is to study judicial practice in order to understand the significance of the public reliability of CSRRE data.The objectives of the article are to analyze the current legislation of the state registration of real estate, determine the features of real estate, as well as identify legal mechanisms for disproving the reliability of CSRRE data.Methodology. In the article authors use scientific methods, such as analysis and synthesis, induction and deduction, description, formal-legal method.Results. The public reliability of a data of the CSRRE are established procedures for the implementation of state cadastral registration and (or) state registration of rights, as well as procedures for eliminating registry errors in the CSRRE. The question of the reliability of a data of the CSRRE concerns both the characteristics of real estate objects and the rights to them. For ensuring the reliability of a data of the CSRRE are also noted organizational and technical means.Conclusions. Based on the analysis of judicial practice, the author comes to conclusion that the courts demonstrate a clear understanding of the value of the public reliability of the CSRRE, which is legally provided by established procedures for the implementation of state cadastral registration and (or) state registration of rights, including the legal examination of the documents submitted for this purpose, as well as procedures for eliminating registry errors in the CSRRE, which can be implemented both by the decision of the state registrar of rights and on the initiative of interested persons in an administrative and (or) judicial procedure.
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