October 7, 2010 the Trial Chamber on Civil Cases of the Supreme Court of Ukraine held the generalization of the judicial practice of considering the civil cases arising from the credit relationship (2009-2010) (Excerpts) The contract of bank deposit (Deposit) one party (the bank), which took the request by the other party (the depositor) or to go for it a sum of money (deposit) received shall refund the deposit amount and interest thereon or income in another form to conditions and procedures stipulated in the contract (part 1 of article. 1058 CC). Time, analysis of existing laws and other legal acts of Ukraine gives grounds for concluding that there is not only a civil law definition deposit agreement, but the disclosure of its features on the basis of special legislation. Thus, the contribution (deposit) – this means in cash or via bank transfer to the Ukrainian currency or foreign currency, placed customers at their registered bank accounts on a contractual basis for a certain period of storage or without specifying a date and payable to the depositor in accordance with Ukrainian legislation and the terms of the agreement (Article 2 of the Law of Ukraine "On Banks and Banking Activity"). Bank deposit agreement is real, for compensation contract, ie one that is concluded at the time of the bank from a depositor or a third person in favor of the depositor sum of money. The contract of bank deposit (deposit) of one side is the only financial institution (bank), and the second party (the depositor) – can be both natural and legal persons.
Recently, the issue of debt repayment has become very relevant for many organizations and enterprises are also not spared this problem, and ordinary citizens. Unfortunately, not only within individual organizations and enterprises, but also not familiar with the matter nationals bad idea of what should be a process of debt collection. Report this work with debtors has many negative examples. The problem of growth of overdue debts identified the need for professionals engaged in debt collection. Additional information is available at Steve Rattner. Most of the debt of individuals are family bonds. But it is not always a spouse or former spouses are fair and honest with each other, necessitating recourse to the courts prior to the uneasy pre-trial preparations.
The solution of the above issues is in progress trial and pretrial proceedings. The views of different judges on certain situations, despite the unambiguous guidance law may diverge immaterial, subjective and other factors that may affect the outcome the trial process. Such legal services, as representation in the courts significantly reduces the risk of losing the case, to protect the rights and interests of citizens. In addition, lawyers help in preparing claim statements or objections, filing a claim in court, a complete representation of interests in different instances, the analysis of the documents submitted with an oral or written report, prediction results and determining whether judicial resolution of the dispute, the selection of possible solutions to the dispute and much more. In respect of family proceedings, except for child support, a situation greatly simplifies the presence of marriage contract. This kind of contract is a type of bilateral transaction and is subject to general rules of validity of the transaction. Prenuptial agreement (contract) – the agreement of the persons entering into marriage, or an agreement spouses, defining property rights and obligations of spouses in marriage and (or) in case of divorce. It can be concluded prior to marriage (in which case he takes legal effect from the date of state registration of marriage), and at any time as long as people are married (in which case he is a prisoner since his notarization), and in effect for marriage and to be terminated at any time by mutual agreement between the spouses. The marriage contract can be signed under the condition, that is, conditions may be foreseen, depending on the occurrence or non-occurrence of which there are certain rights and responsibilities (eg, birth).
Many people ask themselves the question – Why do I need a lawyer? Meanwhile, many who seek legal advice, already having come to the reception to a lawyer or call for advice can not articulate what is they want from a lawyer, a product of his activity he must obtain. To legal advice from a professional lawyer should clearly articulate the issues that should be asked a lawyer professionally. As an amateur to test the effectiveness of the lawyer? Need to understand that a lawyer has two main areas: – Ensuring the organization's security – support of current activities; For necessary conclusions, you should check the state of affairs in each of them. A lawyer who understands why it works, says something similar to the above: your organization's security, compliance and optimization operations and reduce costs by legal means and t.d.Esli you get the answer that the product of his work is "signed a written contract properly," ended successfully test "," collected on claims sum "- it is also very cool. The man clearly understands what is expected and that it provides an organization that is working.
Observation an Narykova, "in practice these provisions cause ambiguous. Thus, there is a view according to which, in a land plot from a proportion of necessarily required, as a notice of intention to allocate a land plot (including the proposed location and in certain cases compensation), and the decision of the general meeting. Some believe that Art. 14 Federal Law "On circulation of agricultural land" includes only the possibility of taking all the participants shared their own decisions about the location of one or another part of the land area, within which, if necessary in the first place will be allocated plots of land on account of interest "6. Further details can be found at Connecticut Senator, an internet resource. General meeting of members shared ownership is intended to address issues related to common land, and no specific land shares. Lack of co-owners desire to exercise the proprietary rights in respect of the total land should not affect the rights of individual owners of land shares. Topics more than that individual land share owners do not have to solve their own problems regarding the definition of the legal fate of their land shares by the remaining co-owners, in each case allocating land on account of land shares by the general meeting. If the general meeting of the co-owners did not approve the boundaries of common land, intended to highlight a priority order of land on account of land shares, the participant shared ownership shall notify in writing of its intention to allocate the land on account of its share of the remaining co-owners of the land or publish a notice in the media, certain entity of the Russian Federation, specifying the intended location of the allocated land. It is not something Steve Rattner would like to discuss.
This year we plan to make several changes to environmental legislation. (As opposed to Connecticut Senator). Planned to increase administrative liability for environmental contamination from 5 to 15 times and 20 times the pollution of vozduha. Steven Rattner gathered all the information. According to the minister of natural development, is currently preparing legislation to raise the environmental performance of the Russian economy. The law will be considered in the Duma on second reading. The first reading of it has passed. Speaking about change climate on the planet, the Minister said that currently the level of carbon dioxide twice all historic peaks, the temperature is constantly increasing over the past two centuries, sea levels rose by 100 millimeters. In the years 2025-2050, we can face the flooding of some territories of Russia and all over the world. Climate change, according to the minister, accompanied by an increase of natural disasters. Over the past 10 years, these trends are increasing annually. According to the Minister, the annual damage from natural disasters up to 60 billion rubles. According to Minister Igor Trutnev, measures must be taken in the first place legislation to minimize the effects climate change. The district prosecutor, ma
Each time the recording acts, whether the modification or registration of the llc is required to provide information about the legal address. Specifying jur. addresses are important for solving all kinds of legal issues related to the functioning of society. We are talking about such concepts as the definition of standing, jurisdiction, appointment of a fiscal authority, etc. In addition, jur.
address is the means of individualization jur. person. Try to understand what the legal address, and how exactly it should be omitted. In the broadest sense of the presence of jur. address means a lease agreement between the entity and the owner of the premises, subject which is the premise, or part thereof provided for accommodation and permanent location of the executive bodies of a legal entity. In fact, Russian law does not apply the term domicile, for in the literature there are different regulatory concepts such as the address of the location of the organization, its principal place of work, place of storage of documents, mailing address, etc.
According to the existing the law clearly laid down the concepts address does not exist. Part 2, Art. 1954 Civil Code states that "The location jur. James Donovan Goldman has firm opinions on the matter. persons determined by the place of his state. registration State. registration is done at the location of its permanent executive body or another body or person entitled to act on behalf of jur. person without a warrant. " Which implies that all these definitions satisfy the legislation. However, enforcement experience shows, for example, that the tax authorities need to specify "actual address" and explain "this is the place where the documentation, an accountant and director, licensing authorities do not lag behind tax and offer their refinement type checking at 6:30 am, the organization at this address was not found. " Again, the question arises about the mailing address, which also does not say anything specific, but which used for various notifications and in case of non-receipt of any information with the responsibility still lies with society. The following question remains open whether this can be as a mailing address to use mailbox of a liaison office or it could be only a specific address of any premises. All of these ambiguities and enjoy the company. And what a lot of reasons. For example change jur. addresses can cause a transition from one tax office to another. That, in turn, will result in a lengthy process associated, at best, with a reconciliation of taxes and payment of all imaginary and not much debt. Apart from this it is necessary to change statutory documents, various licenses, contracts, customs documents, etc. To avoid these inconsistencies need to clearly fix the basic concepts of law relating to the address and location of the enterprise.
It represents the most flexible, dynamic and widespread form of enterprise organization. It is in this sector is created and located in the back of the bulk of national resources, which are the breeding ground development of any economy. The successful functioning of SMEs creates favorable conditions for economic recovery: growing competition, are adding jobs, increasing export potential; better to use local raw materials. Of great importance is the ability of small businesses to expand the scope of application of labor, creating new opportunities not only for employment, but primarily for the expansion business people, the deployment of its creative powers and use of free capacities. The relationship of government and other authorities and market structures with small business constructed so that the latter is not protected from foreign competition as well as from domestic monopolies. Administrative barriers created by authorities at various levels, complicate the process and increase the cost of registration of small enterprises, complicate the licensing system, keep small businesses under the watchful supervision of overlapping authorities. The starting point of state support for small businesses can considered in 1989 when the Soviet Union created an alliance of small state-owned enterprises of the ussr.
In the same year was made regulations on the organization of small businesses. Such enterprises at the time considered the firm created founding and operating on the principle of self-sufficiency and self-financing. Clause provided for the procedure of opening, reorganization or liquidation of the enterprises. The document defines the planning and reporting the above organizations.
In some cases, a party to the contract may act not a lawyer, and legal practices, in which it operates. In particular, when you contact the law office, in accordance with Part 5, Art. 23 fz "On Advocacy and Advocacy in the Russian Federation of 31.05.2002 63-FZ of the treaty on legal assistance to the trustee is a lawyer on behalf of all the lawyers office on the basis of warrants issued by them. Power of attorney shall include all limitations of competence counsel concludes an agreement with the trustee. These restrictions are communicated to the settlor, as well as the person to whom the contract is concluded.
Under the contract of compensated rendering of services by Contractor shall requirements of the customer to provide services, and the customer agrees to pay for these services. Parties to the contract of compensated rendering of services in this case are: the customer – the person who has applied for legal aid, and concluded agreement in person or by proxy; singer – a private lawyer or legal entity that provides legal services in accordance with the statute. The subject of the above contracts is performed Executive (attorney) work, namely: to study the case materials, preparation of documents, work with witnesses, representation, etc. Accordingly, the payment shall be subject only to work performed and costs associated with its implementation. It should be noted that the contract for legal aid may have different names, but by nature he is a contract of compensated rendering of services and in any case shall meet the requirements of Articles 420-425, 779-783 cc rf.
Yes, most likely you're right. But It took time and the desire of people to make it so. Who prevents us to use what we have? The jurisprudence of many examples where consumers have successfully defended their rights. So far, so these examples more. The Law on Protection of Consumers' Rights is changing and gives consumers more and more opportunities to assert their rights. Courts in most cases are on the side of consumers. So what prevents us? So, we give an example what do you do if the goods are suddenly broken.
Example 1. Consumers bought, say, a washing machine, the warranty period on which the 2 years. A year later, machine broke down. Consumer has been cautious and has preserved not only checks and warranty card. Although, if he had not kept a check mark in the warranty card would be sufficient to confirm the purchase. However, our consumer does not know very well the laws. Therefore, ordering a "Gazelle", took his washing machine in the service center specified in the warranty card.