Legal situation example. Ready-made solutions to problems in Civil Law

Protection of private law in Russian legislation and international law is a complex concept consisting of material and procedural conditions for the restoration of violated rights. The application of a set of such conditions is aimed at making a legal and informed decision in the case, achieving confidence in the correctness of the chosen defense position, and ensuring compliance with procedural deadlines.

Within the framework of the article, we will focus on the characteristics of the legal situation as a condition for the protection of private law, which is an element of the mechanism for the protection of private law, which has its own legal nature and procedural significance. The mechanism for protecting private law is a two-way process of interaction between means of protecting private law (the legal activity of the individual) and methods for restoring the violated right (the legal activity of the law enforcement officer). The right combination of means, methods and legal activity allows us to talk about the effectiveness of protection and restoration of violated rights.

A legal situation is a set of circumstances that arose under the influence of a dispute that may entail or has entailed legal consequences for the participants in the legal relationship. The content of the legal situation is legally significant circumstances, the essence of the dispute as a legal relationship, resolution of the dispute on the merits, execution of the decision. An initially arising dispute between subjects of private law acquires the features of a legal relationship that can be resolved independently, and when the parties to the dispute turn to the means and methods of protecting private law provided for by law, a qualified legal relationship arises, the resolution of which is possible through various judicial and extrajudicial means of protection (for example, a mediation agreement) . Under such circumstances, the legal situation is considered as a special legal fact with which the emergence of a qualified legal relationship is associated. Based on the provisions of Art. 56 of the Civil Procedure Code of the Russian Federation, the task of the law enforcement officer is to provide a legal assessment of the situation as the cause of the dispute and all subsequent changes in it. An assessment of the initial situation allows you to correctly determine the parties to the legal relationship. If all the circumstances of the situation are not clarified, the involvement of participants in the process in the case becomes inconsistent, for example, the involvement of persons whose rights and interests are not affected by the dispute and who are not a party to the legal relationship.

In law enforcement activities, the legal situation is expressed in the subject of the requirements. Depending on the industry of the legal relationship, legal situations may be different. For example, sectoral legal situations in the protection of labor law may include the conclusion, change and termination of labor relations, collective bargaining, changes in organizational or technological working conditions, overtime work, provision of leave, labor standards, imposition and removal of disciplinary action, labor protection, strike, lockout . In the field of protection of housing rights, such situations may be moving in and eviction, leaving and not living in residential premises, termination of family relations with the tenant or owner of residential premises, destruction of residential premises, granting possession and (or) use of residential premises, entry into housing, annual and an extraordinary general meeting of premises owners. The list of legal situations is not exhaustive, nor is the choice of method and means of protecting private law.

Let us dwell on the peculiarities of legal situations as an element of the mechanism for protecting private law.

Firstly, legal situations form the basis of a controversial legal relationship, regardless of its sectoral affiliation. Correct determination of the nature and type of legal relationship is of practical importance for the timely restoration of violated rights. A feature of the legal relationship in the field of protection of private law is the possession of legal succession and, in most cases, its ongoing nature; the assessment of the legal relationship at different stages of its development shows the dynamics of the protection and restoration of the violated right.

Secondly, when protecting private law, legal situations can be ongoing and intersectoral in nature, for example in the field of housing, pensions and other social legal relations. This demonstrates their complex legal significance for the protection of private law. Meanwhile, the procedural and substantive conditions of protection cannot be identified, since each of them is a legal requirement that must be fulfilled separately. For example, missing the procedural deadline for appeal excludes the possibility of exercising the right to defense within the framework of this legal relationship when considering the case on the merits. Restoration of the procedural period for appeal and protection of substantive law in the conditions of a legal situation (legal relationship) have their own subject of proof and are subject to consideration independently.

Thirdly, a feature of the legal situation is its continuation in other legal relations if it is not resolved. This could be, for example, an administrative legal relationship that continues within the framework of civil proceedings when considering a claim for compensation for damage caused as a result of a traffic accident or unlawful administrative prosecution. Another example is the legal situation related to the prosecution of an official of a commercial organization under Art. 199.2 of the Criminal Code of the Russian Federation, which is resolved within the framework of civil legal relations. Legally significant circumstances are: the subject of the dispute (collection of tax arrears or compensation for damage caused); the person from whom the awarded amount is to be recovered (an individual as the culprit in causing the damage or a legal entity that is a taxpayer); the presence or absence of the right of recourse (illegal actions of an official may be considered outside of labor, official, disciplinary and corporate relations); the presence or absence of grounds for subsidiary liability of an individual, since the actions of a legal entity are considered within the framework of Articles 54, 143 of the Tax Code of the Russian Federation, and the actions of an official - within the framework of Art. 1082 of the Civil Code of the Russian Federation.

Receiving legal qualifications within the framework of various legal relations, legal situations reflect their characteristic features. Resolving a situation within the framework of one legal relationship means the correctness of its consideration, taking into account all legally significant circumstances established by the court. The situation continues in other legal relations if it is not resolved or all legally significant circumstances have not been established.

The manifestation of the situation simultaneously in private and public law links the protection of private law into a single human rights process. Full protection is protection not only in administrative or criminal proceedings, but also in civil ones. The diversity of relationships reveals the mechanism for protecting violated rights. Each situation, if it is correctly considered in civil proceedings, may have prejudicial significance for a full consideration of the related and resulting situation in other proceedings.

Situations can be of two types: antagonistic situations and paired situations corresponding to each other. In order to properly consider the dispute, it is important to know about the continuation of the situation in another legal relationship: for example, damage caused by concealment of income. This situation exists within the framework of a criminal case and within a civil case. A traffic accident as a situation takes place within the framework of an administrative (criminal) case and within the framework of a civil case. The situation related to the acceptance of an inheritance may continue within the framework of civil law and housing legal relations. If the relationship arose in the sphere of private or public law, then many secondary legal relations may arise.

To properly resolve a legal situation, a number of requirements must be met.

1. Correct determination of the nature and type of legal relationship (based on the facts specified in the claim) and what was the main (special) fact from which the legal relationship arises. For example, the situation is related to the protection of consumer rights, from which arise relations for compensation of losses, penalties, fines and compensation for moral damage.

2. Determination of the validity of a legal relationship in time (emergence, development). For example, in matters of jurisdiction of the dispute. The economic relationship arises and is reflected in the practice of the arbitration court. This situation may also manifest itself in the practice of a court of general jurisdiction.

3. Correct determination of legally significant circumstances. A legal situation is a set of legally significant circumstances. Other circumstances do not relate to the legal situation and do not give rise to legal consequences. Meanwhile, there are circumstances that complement legally significant circumstances. For example, when violating traffic rules and committing a traffic accident, a significant circumstance is the establishment of the guilt of the person managing the source of increased danger, the causal relationship between the actions of the guilty person and the adverse consequences that occurred for the victim. Additional circumstances will be the age of the victim, the presence of intoxication in the person driving the vehicle, etc.

4. Correct identification of the parties to the legal relationship. For example, when challenging the action of the body carrying out state registration of ownership of real estate, the state registrar cannot be named as a defendant. In accordance with paragraphs 52, 53 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 10, the Plenum of the Supreme Arbitration Court of the Russian Federation No. 22 of April 29, 2010 “On some issues arising in judicial practice when resolving disputes related to the protection of property rights and other property rights” registered the right to real estate can only be challenged in court. Since, in such a challenge, the court resolves a dispute over civil rights to real estate, the relevant claims are considered in the manner of claim proceedings. The defendant in a claim aimed at challenging a registered right or encumbrance is the person for whom the disputed right or encumbrance is registered. The defendants in a claim aimed at challenging the rights or encumbrances arising from a registered transaction are the parties to it. The state registrar is not considered a defendant in such claims, but may be involved in such cases as a third party who does not make independent claims regarding the subject of the dispute.

5. Correct application of substantive and procedural law. This requirement is a condition for the correct and timely consideration of the dispute and the restoration of the violated right.

To summarize, it is important to emphasize that the legal situation is the basis for the emergence of a legal relationship. Tracking the emergence and development of a legal situation over time allows one to correctly determine the nature of the legal relationship, legally significant circumstances, the parties to the legal relationship, and the substantive law to be applied. From these positions, the legal situation must be considered as an element of the mechanism for protecting private law, since its correct qualification is a condition for the restoration of the violated right.

Citizen Kulikov appealed to the regional court through the district court, which was considering a civil case with his participation, with a claim for compensation for moral damage in connection with the violation of the deadline for considering his complaint against the district court’s ruling and causing him moral suffering as a result of the violation of his rights. In support of the claims, the applicant referred to Federal Law No. 68-FZ “On compensation for violation of the right to legal proceedings within a reasonable time or the right to execution of a judicial act within a reasonable time” dated April 30, 2010 and Art. 1069.1070 Civil Code of the Russian Federation.

By the ruling of the district court, the statement of claim was left without progress, the applicant was asked to eliminate the shortcomings specified in the ruling within a certain period of time, in particular, to clarify in what order - in accordance with the Civil Code or in accordance with Federal Law No. 68-FZ - he filed a statement and asked to recover moral damages or compensation, since the jurisdiction and procedure for considering the application depend on this.

Evaluate the court's actions. Are there grounds for filing a private complaint? What are the features of initiating cases to award compensation for violation of the right to trial within a reasonable time or the right to execution of a court order within a reasonable time?

Kuzikhina applied to the Belgorod Regional Court to award compensation for violation of the right to a trial within a reasonable time. In support of her claims, she referred to the lengthy consideration of her case - more than four years - by one of the district courts of the Belgorod region on the termination of the contract for the sale of a sofa, recovery of the amount of money paid for the goods, penalties, costs associated with the consideration of the case, and compensation for moral damage.

The regional court found the following.

The total duration of the proceedings in the case from the moment Kuzikhina filed a claim in court for termination of the contract for the sale of a sofa, recovery of the amount of money paid for the goods, penalties, costs associated with the consideration of the case, and compensation for moral damage was 4 years 3 months. During the consideration of the case, the court requested written evidence located in the Republic of Ukraine, appointed examinations, interrogated witnesses and experts, and held mobile court hearings. The plaintiff repeatedly increased the amount of the claim. The case went to various courts and was returned for a new trial to the district court by the court of cassation. Several hearings were postponed due to Kuzikhina's illness and her lawyer's vacation. In one case, the hearing was postponed due to the judge’s illness; in two more cases, the basis for postponing the case was the defendant’s petition to provide additional evidence. It was also found that the court of first instance delayed the issuance of a reasoned decision by 19 days, and the court of appeal exceeded the time limit for consideration of the case in the court of second instance by 12 days. As a result, by a court decision that entered into legal force, 129,300 rubles were recovered from Mir Sofanov LLC in favor of Kuzikhina. However, by the time the decision was executed, it turned out that World of Sofas LLC was bankrupt.

Are there grounds for awarding compensation in favor of Kuzikhina for violation of the right to a trial within a reasonable time?

By the rulings of the magistrate, Popov’s claim for damages was left without progress and then returned to the applicant. The appeal court left the magistrate's ruling unchanged. The cassation court overturned the judicial decisions taken in the case, pointing out the need to accept the application for proceedings. After the return of the materials from the cassation instance, the magistrate considered Popov’s claim within two weeks and made a decision to satisfy the claim in full.

Popov appealed to the Kaliningrad Regional Court with a request to award compensation for violation of the right to a trial within a reasonable time. The application is motivated by the fact that, according to Art. 154 of the Code of Civil Procedure of the Russian Federation, the case must be considered by a magistrate within a month, but 10 months passed from the moment Popov applied to the magistrate until the decision was made.

Is Popov's application subject to satisfaction? What are the criteria for a reasonable period of trial?

Sokolov appealed to the Moscow City Court with a request to award compensation for violation of the right to legal proceedings within a reasonable time in the amount of 2.5 million rubles. In the statement, Sokolov indicated that the total duration of the civil proceedings on his application (on the obligation of the Military Commissariat to issue Sokolov a duplicate combat veteran’s certificate) amounted to 2 years 7 months 12 days, which led to a violation of his right to a trial within a reasonable time. According to the applicant, the duration of the civil proceedings exceeded reasonable time limits, and the applicant is not responsible for the resulting delays in the proceedings. The applicant associates the duration of the consideration of the case with the actions of the court, which, in his opinion, were not effective.

Are there any grounds to satisfy Sokolov's application? Is it of legal significance for resolving this issue that the decision of the Tverskoy District Court of Moscow refused to satisfy Sokolov’s demands for the obligation to issue a duplicate certificate of a combat veteran?

Vasnetsova applied to the court for an award of compensation for violation of the right to a trial within a reasonable time, pointing out that the civil case regarding her claim against the commercial bank "Mars" for the protection of consumer rights by the magistrate and the Torzhok city court of the Tver region had been considered for more than two years, that , according to the applicant, led to a violation of her right to trial within a reasonable time. Vasnetsova believes that the duration of the civil proceedings significantly exceeded reasonable time limits, while the applicant is not responsible for the resulting delays in the proceedings. The applicant associates the duration of the consideration of the case with the actions of the court of first and second instance, which, in her opinion, were not effective. Vasnetsova determined the compensation to be collected in the amount of 510,015 rubles.

By the decision of the Tver Regional Court, Vasnetsova’s application was partially satisfied - compensation in the amount of 10,000 rubles was recovered from the Russian Federation, represented by the Ministry of Finance of the Russian Federation, at the expense of the federal budget in favor of Vasnetsova for violation of the right to legal proceedings within a reasonable time.

How is the amount of compensation determined? Independently supplement the conditions of the problem so that: a) the court’s decision regarding the amount of compensation can be considered justified; b) the court's decision regarding the amount of compensation would be clearly unfair.

Parfenov, fired from his job for appearing at work while intoxicated, filed a lawsuit to be reinstated as chief engineer of Kolos LLC. The decision on this case was repeatedly postponed. A year after going to court, Parfenov asked the lawyer whether he had the right to compensation for violation of the right to a trial within a reasonable time.

What advice would you give Parfenov on the following issues:

1) whether his right to trial within a reasonable time was violated under the given circumstances; 2) whether Parfenov has the right to apply to the court for an award of compensation for violation of the right to a trial within a reasonable time; 3) by what legal means can Parfenov seek to expedite the consideration of his case; 4) what does the chairman of the district court have the right to do in this situation?

Komarov (the victim in the criminal case) applied to the regional court to award compensation for violation of the right to trial within a reasonable time (including pre-trial proceedings in a criminal case). In his statement, he indicated the investigator, prosecutor, judge and lawyer of the accused as interested parties, believing that his right was violated as a result of the actions of each of them.

Did Komarov correctly identify the circle of persons involved in the case? In your opinion, are there any grounds in this situation for refusing to accept the application, returning it or leaving it without progress?

Grigoriev appealed to the Presnensky District Court with an application to the Ministry of Finance of the Russian Federation to award compensation for violation of the right to a trial within a reasonable time.

By court ruling, the application was returned to Grigoriev. As a basis for returning the application, the court indicated that the statement of claim in accordance with Art. 28 of the Code of Civil Procedure of the Russian Federation must be filed in court at the location of the Ministry of Finance of the Russian Federation; consideration of disputes with the participation of the Ministry of Finance of the Russian Federation does not fall under the jurisdiction of the Presnensky District Court of Moscow.

Grigoriev filed a private complaint against the ruling.

Assess the legality of the determination to return the application. Is the private complaint subject to satisfaction? How is the composition of the persons participating in the case determined in cases of awarding compensation for violation of the right to trial within a reasonable time?

Nikolaev appealed to the Kursk Regional Court with an application to award compensation for violation of the right to trial within a reasonable time, motivating his demands by the fact that the ruling of the judicial panel for civil cases of the Kursk Regional Court dated October 11, 2011 canceled the ruling of the judge of the Leninsky District Court of Kursk dated July 26, 2011 on the return, due to lack of jurisdiction, of the claim to the treasury of the Russian Federation represented by the Ministry of Finance and to Strokov for the recovery of moral damages, the material was sent to the same court to resolve the issue of accepting it for proceedings. Since to date the court of first instance has not made any decision on the case, Nikolaev believes that he has the right to be awarded compensation for violation of the right to a trial within a reasonable time.

By the ruling of the judge of the Kursk Regional Court dated July 23, 2013, Nikolaev’s application was returned due to lack of jurisdiction. As stated in the ruling, Nikolaev filed an application directly to the Kursk Regional Court, and not through the district court.

Assess the legality of the decision of the judge of the Kursk Regional Court. What is the procedure for filing an application for compensation for violation of the right to a reasonable trial? What requirements does the law impose on these types of statements? Are there any grounds for satisfying Nikolaev’s application for an award of compensation for violation of the right to trial within a reasonable time on the merits?

IN SCIENCE, WHEN EXPLAINING LAW, its essence and the reasons for its “birth” (hereinafter, let me remind you, we are talking about positive law) in the context of certain theoretical doctrines, various factors are highlighted from among those that have developed and acquired significant significance in the conditions civilization.

Such, already noted earlier, as private property, market economy, scientific and technological development, political power, and also from the angle of some

ideological doctrines – classes and class antagonisms, social regulation as a general category. In a word, factors and categories related to the fundamental foundations of the existence and functioning of humanity, human civilization. All these factors and categories and a number of others, of the same fundamental importance, must really be taken into account when answering the questions - what and how positive law came to life in conditions where there are other effective methods of social regulation capable of regulating people's behavior - morals, customs, traditions, corporate rules. These factors and categories are, to one degree or another, considered in the previous presentation from the point of view of the immediate precondition of positive law,

called "imperatives of civilization."

But still, despite the importance of these factors and categories, it is necessary, in my opinion, to isolate and focus attention on the initial and at the same time extremely simple point, showing from what circumstances in the world of specific phenomena and processes legal regulation begins. That point which, from the heights of philosophical and general scientific doctrines, brings us “down to earth”, to the soil of current law, and without which it is completely impossible to explain the phenomenon of law from a strictly scientific position. These are “situations that require law for their solution”, abbreviated as “legal situations”.

LEGAL SITUATIONS, in their external characteristics and from the point of view of the traditional conceptual apparatus of jurisprudence, are nothing more than “actual composition”, “corpus delicti” (“corpus delicti”, i.e. a certain combination of legal facts.

At the same time, there is a fundamentally important aspect here. This is the inherent need for this situation to obtain legal permission. Moreover, such a resolution that would not be reduced to mere assessments - to the recognition of the presence or absence of “sin”, “misbehavior”, etc. Here, existing circumstances require a legal decision, which (precisely as a legal one) would have a firm, strictly defined, reliably guaranteed character. And, therefore, on this problem it would be the only and final one in this community, “would put an end to” the question of lawful or unlawful behavior, state, fact, i.e. about “who” and “what” has or

has no right, with all the ensuing imperative, state-imperious, public-legal consequences.

Here, let’s say, as the simplest examples (if we imagine circumstances from everyday life, including a long-ago era, in some ways close to primitive) the following: a fellow tribesman could not tolerate insult when assessing his merits and killed or injured the offender; bulls belonging to a cattle breeder's family caused havoc to a neighboring landowner; it turned out that an item belonging to one person was in the possession of another accomplice, etc.

And this kind of situation (as well as the complex situations of the present time, which were described on the first pages of the book) must be solved, and solved in such a way that this kind of decision has a firm, definite, guaranteed character, is the only and final one, and, moreover, is generally binding , had public authority.

Therefore, a “legal situation” is a complex life circumstance, a special “turn” in affairs and events. These are also events that affect the life of society as a whole (such as the very entry of a given community into the conditions of civilization, the transition from one era to another). These are the specific circumstances of our life - a clash of interests and passions, an incident that cannot be easily resolved on the basis of mere ideas about morality accepted in a given circle of ordinary people, in a word - something that already in the legal sphere forms a “case”. As a rule, this is a conflict or a situation in relationships between people that threatens conflict; from the outside, for the most part, it is a dispute, a clash of interests, passions, rivalry of opinions and intentions. Moreover, in the conditions of civilization, when the will and passions of people begin to be guided by strict individual interests, especially those that express the imperatives of power, property and ideology, such conflict situations become a constantly existing environment. An expression, in the words of Immanuel Kant, of “unsociable sociability”, “constant antagonism” and “discord”, which manifest themselves in rivalry, emulation, competition and which, often spilling out in destructive manifestations, at the same time have a meaning, astonishingly, an indispensable stimulus for activity and energy – the basis of social progress1.

1 Here are the words of the philosopher, amazing in their accuracy and depth of insight into the essence of things: “If it were not for these, although unattractive in themselves, properties of unsociability that give rise to resistance, which everyone must inevitably come across in their selfish claims, living people (attention! - S. A.), like the Arcadian shepherds in conditions of complete agreement, contentment and mutual love - all

Part one. Law – one and different

And since such conflict situations, even in their most positive characteristics, are inseparable from some, real or potential, properties of “discord”, “constant antagonism”, there is no alternative to the fact that the solution to such situations has a firm, defined in all positions, final, unchangeable for “now” and the future and - what is especially important - extremely reliable, guaranteed. That is, the character is legal, illuminated and supported by the authority and strength of the most powerful institution in society - the authority and strength of state power (state).

MEANS, even in individual fragments of reality, in situations that predetermine the need for a purely legal decision, one can already discern the need for law inherent in it, an objective “call to law” (which - let us pay attention to this point - expresses the general need for law in a given society and in a given sector of social life), and hence the need for those legal means, without which the situation cannot be resolved, will remain uncertain, conflictual, fraught with the threat of “exploding” with destructive, disastrous consequences.

And from this point of view, I think there are grounds for highlighting in a situation that needs a legal solution its central link - its legal essence. For the need for a legal, legal decision for a given case, moreover, a decision of a certain nature (to prohibit, recognize a right, etc.), is already, as it were, “diluted” in a given situation and is, one might assume, the primary stage of natural law, directly reflecting it , natural law, deep, truly natural, even socio-biological prerequisites and, in addition, primary, spontaneous spiritual ideas, assessments and imperatives about the facts and events of the present time.

talents would remain forever hidden in the embryo; people, as meek as the sheep they tend, would hardly make their existence more worthy than the life of their domestic animals...” And Kant exclaims in this regard: “... blessed be nature for its quarrelsomeness, for its envious rival vanity, for the insatiable thirst to possess or dominate! Without them, all excellent human abilities would remain forever undeveloped. Man wants harmony, but nature knows better what is good for the human race: she wants discord. He wants to live calmly and for his own pleasure, and nature wants him to come out of a state of negligence and inactive contentment and plunge into work and difficulties” (Kant I. Works in German and Russian. T. 1. M., 1994. With 93).

Law on the threshold of the new millennium

Obviously, for example, in the previously mentioned Pinochet case, while our understanding of the principles of state sovereignty is important, the legal essence of the situation in modern conditions is concentrated in humanitarian principles, legal requirements arising from generally valid human rights. But these same requirements in relation to the events in Yugoslavia in 1999 must be - as follows from the legal essence of this situation - consistent with the requirements relating to the principles of legality.

It must be assumed that on this range of issues, the judgments of O. Spengler are very deep and thorough, who believed that in the legal field the most important, profound thing that can be attributed to law is “implied... by itself.” According to him, “the most essential of all rights presupposes (hereinafter my italics - S.A.), without stipulating this; law is addressed to people, and people, even in addition to statutes, internally understand what there is no need to talk about, they understand precisely because of this and have a perfect idea of ​​how to use it.” That is why, and this corresponds to the views of the author of these lines, “all law is primarily customary law...”1.

EXACTLY LIFE CIRCUMSTANCES, which can be called “legal situations”, are the starting point of law. It is from them, from this “beginning of beginnings” that everything in the world of law begins (as, I would venture to say, not without exaggeration, from the original point of the universe on the eve of the “big bang”); and it is from here that the entire complex, multi-level and multi-layered chain of legal means, mechanisms and procedures unfolds.

In this chain, one of the most significant points is the answer to this alternative:

– is the legal essence contained in it, its “legal charge”, sought and determined in a given life situation directly in the very course of solving the situation (consideration and resolution of the case) and, accordingly, the necessary legal means are established, or

– this kind of “legal charge” has already been determined in advance and enshrined in existing legal norms (laws), and in practical terms the task is mainly to determine

1 Spengler O. Decline of Europe: Essays on the morphology of world history. T. 2. M.: Mysl, 1998. P. 85.

Part one. Law – one and different

Do these factual circumstances, intended to be the “actual composition” or “corpus delicti,” correspond or not to the characteristics expressed in legal norms, and hence – to apply and put into effect the legal means provided for in them? Already now, even without touching on other issues, it is not difficult to notice that it is with this alternative that the originality of the two main, qualitatively contrasting legal systems - global orders by legal standards - general, case law and the law expressed in law “begins”. One order, implemented in the national systems of continental Europe (Roman and German law, the law of the Scandinavian legal family, Russian law). And another, which found expression in the national legal systems of the Anglo-American group (England, USA, Canada, Australia, etc.). In addition to other conclusions, it is now necessary to say that in practical jurisprudence, especially when considering legal cases in courts, the main thing from the point of view of the legal ideal is penetration into the legal essence of a given situation, which can be called “legal” precisely because it requires a strictly legal decision. No less complex and, alas, partially completely unsolvable (please take note) tasks are faced by the legislator, who, when drafting a law, ideally should identify and record the signs and consequences of possible legal situations in advance, also in relation to their nature and legal essence. The secrets of law and the secrets of the activities of jurists are largely associated with this central

element of the primary basis of legal regulation.

№ 1. By the decision of the Krasnoyarsk Regional Court of September 30, 2012, US citizens Simpson E. and Simpson M. were denied their application to adopt a child.
The applicants appealed the decision by filing an appeal on October 5, 2012.
By the ruling of the Krasnoyarsk Regional Court, the appeal was returned due to the expiration of the appeal period provided for in Art. 321 Code of Civil Procedure of the Russian Federation.
US citizens appealed to the RF Armed Forces with an application to restore the deadline for filing an appeal, indicating in it that they were incorrectly informed by their representative about the ten-day deadline for filing an appeal.
Considering this period unrealistic for preparing an appeal, the applicants returned home.
Later, they received new information regarding the period of appeal, prepared an appeal and filed it with the Krasnoyarsk Regional Court.
The applicants consider the reasons for missing the deadline for an appeal to be valid; they ask that their application be granted, the appeal be accepted and considered in the manner prescribed by law.
Questions:
1) What is meant by the right of appeal?
In accordance with Art. 320 of the Code of Civil Procedure of the Russian Federation, the right of appeal means the right to appeal a decision of the court of first instance that has not entered into force. In this case, special rules apply, in particular, the period for such an appeal (currently 1 month).
2) What is the procedure for exercising this right?
This right is exercised in accordance with the provisions of the Code of Civil Procedure of the Russian Federation, in particular, the complaint is filed through the court that made the decision to a higher court. Copies of it according to the number of persons participating in the case are attached to the complaint. The complaint is subject to a state fee. The right to appeal a court decision belongs to the parties and other persons participating in the case. The right to bring an appeal belongs to the prosecutor participating in the case. Persons who were not involved in the case and whose rights and obligations were resolved by the court also have the right to file an appeal.
3) Are the actions of the applicants in accordance with the law?
The applicants should have applied to restore the period of appeal to the court that made the decision simultaneously with filing the complaint, and not to the Supreme Court of the Russian Federation.
4) What should the court do?
The court should return this application as filed in violation of the rules of jurisdiction and not consider it.

№ 2. A lawyer appointed by the court in accordance with Art. 50 of the Code of Civil Procedure of the Russian Federation represents the defendant, whose place of residence is unknown, filed an appeal against the decision of the Zamoskvoretsky District Court of Moscow. By the court's ruling, the appeal was left without progress. since there was no power of attorney certifying the attorney’s authority.
Question:
1) Do the actions of the court and the lawyer comply with the law?
In accordance with Art. 50 of the Code of Civil Procedure of the Russian Federation, a lawyer appointed by the court as a representative of the defendant in the cases provided for in this article has the right to appeal court decisions in this case.
Under such circumstances, the actions of the lawyer are lawful and in good faith, but the actions of the court are unlawful.

№ 3 . The plaintiff Petrenko V.P., disagreeing with the decision of the magistrate in the case of collecting 1000 rubles from Ivanchenko S.G., appealed it. Petrenko V.P. addressed the appeal to the Kaluga Regional Court. The magistrate returned Petrenko. V.P. his appeal.
Questions:
1) Did the judge do the right thing?
No, that's wrong. In this case, the court should have left the complaint without progress, and not returned it.
2) What is the procedure for filing an appeal and the consequences of non-compliance?
The appeal is filed with a higher court (that is, in this case it will be a district, not a regional court) through the court that made the decision. In accordance with Art. 323 Code of Civil Procedure of the Russian Federation,
1. When filing an appeal or presentation that does not meet the requirements provided for in Article 322 of this Code, when filing a complaint that has not been paid with the state duty, the judge, no later than five days from the date of receipt of the complaint or presentation, issues a ruling by which the complaint or presentation is left without motion, and assigns to the person who filed the complaint, presentation, a reasonable period for correcting the shortcomings of the complaint, presentation, taking into account the nature of such shortcomings, as well as the place of residence or location of the person who filed the complaint.
2. If the person who filed the appeal or presentation fulfills the instructions contained in the judge’s ruling within the prescribed period, the complaint or presentation is considered filed on the day of its initial receipt by the court.

№ 4. By the decision of the district court, I.P. Sinichkin was denied satisfaction of his demand presented to M.S. Voronin for the return of the Samsung television panel.
Sinichkin I.P. did not agree with the decision and filed an appeal, in which he asked the appellate court to cancel the decision. make a new decision. which oblige M.S. Voronin to return the TV or its cost to him.
Since the court of first instance considered Sinichkin’s demand for a refund, and not the cost of the television panel, the appeal was left without progress. In the ruling, the judge pointed to Sinichkin’s violation as the basis for leaving the appeal without progress. I.P. requirements of Article 322 of the Code of Civil Procedure of the Russian Federation on the prohibition of the statement of new claims to the appeal that were not stated during the consideration of the case in the court of first instance.
Questions:
1) What requirements should be considered new?
Request for a refund of the cost of the TV.
2) Was the appeal correctly left without progress?
Yes, right.

№ 5. The person who filed the appeal appealed to the court with a request to return the appeal to him. Satisfaction was denied. due to the fact that the case with an appeal has already been sent to the appellate court.
Question:
1) What explanations should the court give in this situation?
In accordance with Art. 326 Code of Civil Procedure of the Russian Federation,
1. Refusal of an appeal or presentation is permitted before the court issues an appeal ruling.
2. An application for refusal of an appeal or presentation shall be submitted in writing to the appellate court….
thus, the person must be explained his right to make such an application to the court of APPEAL.

Kochneva Tatyana Vladimirovna

Uvelsky municipal district

Civil and labor law.

Legal situations.

First option

1. Sergei Ostretsov ordered boots with pointed toes from a shoe studio, having specifically stipulated this condition in the contract concluded with the studio. After the time specified by the contract, the master handed him finished shoes of excellent quality, but their toes were dumber than Sergei ordered. On this basis, Sergei refused to take the boots. The master threatened him with legal liability for failure to comply with the terms of the contract (refusal to pay money for a quality item). Is the master right? Justify your answer.

2. Below are a number of terms. All of them, with the exception of one, relate to the concept of “legal status of a citizen.” Find and indicate a term that “falls out” from their series and relates to another concept:

Civil rights, legal capacity, legal capacity, emancipation, qualifications, civil responsibilities.

3 . Nikodimov ordered new windows from a private company, which should be installed within three days. However, the company, having accepted the order, violated the deadline for its completion. What branch of law was violated in this situation? Give two reasons to support your answer.

1) to the police; 2) to court; 3) to a notary; 4) to the tax office.

4. 15-year-old Sergei received a fee for the use of his work and decided to put his money in the bank. But a bank employee said that minors at this age do not have the right to make deposits in credit institutions and manage them. Resolve the situation from a legal point of view.

5. Olga Ivanovna lost her expensive bag. This bag was purchased by Galina at the clothing market. Is it possible in this case to raise the question of returning the bag to Olga Ivanovna?

6. At the age of 16, Igor was left without parents, whose property was inherited. His grandmother became his caregiver. Igor was friends with the family of his classmate. One day he gave his friend’s father a collection of works by a famous writer for his birthday. He did not want to accept such a valuable gift, but Igor insisted on his own, saying that the books now belonged to him and he had the right to dispose of them at his own discretion. However, soon Igor’s grandmother demanded that the books be returned, believing that her grandson would need them for literature classes. Should books be returned by law? And why?

7.

8. Tell me how Alexey Ivanov, who is 21 years old, should behave when applying for a job during an interview.

9. Nikolay Kuznetsov entered into a contract with the director of the company for a period of one year. But a month later I found a new job. Having submitted his resignation two weeks in advance, he was surprised that the director would not let him go. A conflict broke out. Nikolai explained that he is not a serf and complies with all labor law standards. How to resolve conflict?

Second option

1 . After Kupriyanov’s death, the following people applied for registration of inheritance rights: his wife, son and daughter, parents and a disabled brother of the third group, who lived with Kupriyanov’s family, as well as Kupriyanov’s son from his first marriage, adopted by his stepfather with the consent of Kupriyanov’s father. Which of these persons has the right to inheritance?

2. Below are a number of terms. All of them, with the exception of one, relate to the concept of “ownership”. Find and indicate a term that “falls out” from their series and relates to another concept:

Civil rights, possession, civil duties, disposal, ability to work, use.

3. Citizen Peregudov lent his friend a large sum of money to buy a country house, notarizing the act of transferring the money as a loan and the amount of the debt itself. The debt was not returned to him within the specified period. Where should citizen Peregudov go to get his debt repaid?

4. A group of teenagers sells women's gold jewelry. Is it possible to recognize the person who bought these jewelry from teenagers as a bona fide purchaser?

5. On a plot of land owned by Pyotr Ivanovich, there is his garage. The land adjacent to it is occupied by the Borisov family. The Borisovs are building a new house on their site, and all the building materials (sand, bricks, boards) are unloaded and stored next to Pyotr Ivanovich’s garage. As a result, Pyotr Ivanovich cannot use his garage, since due to the pile of building materials it is impossible to drive up to the garage. What claim can Petr Ivanovich bring to court?

6. Citizen Davydov's things were stolen from his apartment: a VCR, a TV, his wife's fur coat and the owner's leather raincoat. A month later, when he came to visit his friends, he recognized the item bought by the owners at the market as a video recorder stolen from him by a characteristic stain on the back side (from the brush). After listening to his friends' explanations, he went to court. What decision should the court make and on what basis?

7. Student Gavrilova was returning from Moscow to Saratov. She spent the winter holidays in Moscow and made various purchases. I also bought a sheepskin coat. Not far from Saratov, at the Atkarsk station, where the train stood for 15 minutes, the student got out of the car to meet her friend. Before leaving the compartment, she handed the fur coat to her neighbor with a request to keep watch. After chatting with a friend, Gavrilova fell behind the train. When she arrived in Saratov on the next train, the police handed her all her things except her fur coat... Two months later, Gavrilova identified her fur coat on an unknown woman, who stated in court that she had bought the fur coat at the market. The court had no reason to doubt the veracity of her words. What decision should the court make: to return or not return the fur coat to student Gavrilova? Why?

8. Tell me how Alexey Ivanov, who is 21 years old, should behave when applying for a job during an interview.

9. Viktor Mikhailov fell ill and took sick leave for a week. But the employer was indignant: there was no one to do the work. I had to invite Ivan Sidorchuk, who took the place of the previous employee. Returning from illness, Victor learned that he had been fired due to operational reasons. Now his workplace is occupied. Was the employer right?