Contraction of sbitk in the organization at the arbitration court. Vіdshkoduvannya zbitkіv. Legal regulation
Vіdshkoduvannya zbitkіv. Legal regulation
Vіdshkoduvannya zbitkіv - tse payment of shkody zapodіyanoї to someone else's lane, estimated in pennies. Legislative action is regulated by Article 15 of the Civil Code of the Russian Federation, it is designated that the seizures are vitrati, like a person whose right has been violated, it was possible, or may be, for the restoration of their violated right, the cost or the cost of yoga is not enough, the real income is not Yakі tsya the person took away b for the greatest minds of civil turnover, yakbi yogo the right was not destroyed (the vigoda was spent).
And, in order to take away the blows of the beat, the person, the right of the one is violated, can bring the rozmіr shkodi (Article 393 of the DC of the Russian Federation), and the causal connection between the beat and the actions of the individual, if the right has been violated, then if the law is an agreement the presumption of innocence of the borzhnik was transferred - to bring the same offense (Article 401 of the Central Committee of Ukraine). The beats are drawn together, if the stench is true zapodiyani.
When you need to prove it, if you need to, prove it to me, and those that were taken in all the entries for their adoption. Constriction of zbitkіv є miroy vіdpovіdalnostі for nevikonannya financial goiter.
The main meta, as if revisiting the zapodiyanih zabitkiv, zgіdno z chinniy legislature - the restoration of the violated law. Obsyag vіdshkodovanyh zabitkіv to become sumi real shkodity and wasted profit. Vіdshkoduvannya zbitkіv for rahunka borzhnika suprovodzhuetsya additional tightness of the yogo lane camp, which manifests itself in the davitkovy lane obov'yazku.
Air conditioning
The opulence of the surviving phenomenon called out to the literature for discussion. On the thought of some scholars, the beats - tse “a penny estimate of that beat, which is a bad borzhnik”, and others (O. S. Ioffe, V. I. Kofman, E. A. Tarnowska) - the beats are established objectively, independently of the legal assessment їх viniknennya.
Zvіdsi zabitki є unfriendly changes in the main individuals, which are manifested in the vibrated by them, in the cost of the most expensive myna, the under-recovery of the income, which is not enough to take away.
Without a doubt, the beats are negative consequences in the main sphere of the victim, expressed in a penny estimate.
Vіdshkoduvannya zabitkіv yak universal zakhіd (form) civil and legal liability zastosovuєtsya in goiter's law enforcement. Zagalny obov'yazok vіdshkoduvat zbitka nevykonannym or not nezalezhnym vykonanny goiter'yazan or zavdanoї shkodi vinikaє through a direct statement to the law.
Otzhe, it is required to carry out a difference between the concepts of "churn" and "churn". Beats are the first economic category, which are unfriendly mining costs. Vіdshkoduvannya zbitkіv є іra tsivіlno-legal responsibility.
The legal definition of the concept of zbitkiv is formulated in Art. 15 CC. Under the beats, the vitrati are roaring, like a person whose right is violated, she did it, or she would be guilty for the restoration of the broken law, spending or else a poor yoga lane (a real beat), and also an irresistible income, like this person would take away for the greatest minds of a civilized turnover, the right was not violated (the vigoda was spent).
Yak bachimo, at st. 15 formulated an economic understanding of the problem. At whom viniknennya zbitkіv buv іz right-handed, i.e. zbitki at these art. 15 - the result of a specific offense. Such a link makes it possible to look at the crowd as an economic and legal phenomenon.
Fallen, according to the nature of the main pastures, the beats are divided into two types: the real beats and the spent grapes.
The real churn is seen in the changed lane, as it was known in the presence of the injured party. For example, the elimination of defects in the delivered products by the forces of the purchase will lead to an increase in the total amount of expenses for the preparation of products.
In the event of a diagnosis of damage to the elimination of defects, the sum of real problems includes: replacement part of stained glass for the morning that exploitation of possession, variety of stained materials.
Before the real battles, one can see and fight, turned by the injured person. So, to the warehouse of congestion, when non-accurate products are returned, include: - delivery time of the products from the warehouse to the place of delivery; product variability; the amount of payments and collections that are carried out, paid to the carrier when the products are shipped; check on the examination of products of uneven quality.
Otherwise, hanging on, real squabbles - it’s just a waste of time, and real money, like a disguise, you can renew your violations of your rights.
Possibility of vimagati vіdshkoduvannya vitrat, as a special way to suffer from the future, to become one of the most important novels of the Civil Code of 1994. According to the old legislation, the applicant has the right to indemnify for the expenses actually incurred by her on the day of the presentation of the claim (call). Vitrati, yakі vіn vіn gіg know chi incurring at the future, did not tighten up.
A new initiative to the warehouse with a path of inclusion of future vitrates in support of the current efforts to develop international law. Looking back at st. 7.4.3 Principles of international commercial agreements UNIDROIT compensations and possible damages, which are established with a reasonable degree of certainty. In practice, the novella of the Civil Code did not take away a wide zastosuvannya, wanting the greater world to protect the rights and legitimate interests of the injured individual.
Vygoda was spent - an irreplaceable income, like a person won for the greatest minds of civil turnover, like a borzhnik (zapodiyach shkodi) without violating the bi right of the creditor (injured person). At st. 15 of the Central Committee with a characteristic sign of the understanding of "the vigoda was spent" - the phrase "for the greatest minds of the hromadyansky turnover." Therefore, it is important to clarify the criterion established by the Civil Code for the yogo practical choice.
The term “turnover” literally means ruh chogos: pennies, myna is too thin. bud. Legal science distinguishes: economic turnover, commercial turnover, public turnover. So, O.A. civil law goiter, directing for the transfer of lane, vikonannya robit, nadannya servic chi splat pennies. To come out, that the understanding of the “gromadyansky turnover” is closely connected with the sphere of exchange, rozpodіlu and rerazpodіlu material resursіv, tobto with good things.
At the same time, the term “wasted grapes” is used even when contracted goiters are damaged by a borzhnik, and in times of viknennya goiter is due to the infection of shoddy and unsupported wealth. For example, in case of zapodіyannі kalіtsva chi іnshkodzhennia zdorov'ya vіdpovіdalnі for shkoda goiter'іzanі vіdshkoduvat vіdshkoduvat vіdshkodu vіslіm (income), vtratіnі іnshіdіk іnshodіdok іnshkodatnosti, i navit vitrati, prichinenі ushkodzhenniam zdorov'08 (Article D.K.08). In this case, the spent profit is the loss of the victim’s earnings, but the real stash of supplements is spent.
The legislature has a lot of other problems (for example, shkoda, straight up shkoda). The successors of this problem also promote such terms in the scientific sphere, such as “direct and indirect battles”, “necessary and vipadkovi battles”, “concrete and abstract”, “mainly and moral”, and others.
At the same time, don’t start victorious other types of controversy that do not fit into the Procrustean bed of the Civil Code, go to the punishment of law enforcement practice. Navpaki, the appearance of new terms often gives rise to confusion in the state judicial practice. There is no need for legislators to qualify for such a position.
It is worth asking us before the so-called nominal and abstract battles. For example, under the laws of England and the United States, the party may have suffered the right to award its nominal bribes (say 1 dollar in the USA, 2 pounds sterling in England), but it did not recognize the bribe. Call about the contraction of the nominal beats of the call, from one side, with a singing world, symbolize the defense of the wrong side of the wine side, from the other side - the daily practical goals.
So, in a practical plan, the decision of the court on awarding nominal beats for non-compliance with the minds of the contract can win one of two functions: » for three valid commercial vodnosin; b) presenting a summons for a charge and awarding a call for more than nominal charges, giving the possibility to compensate all court fees according to the declared call.
Please note: why should Russian legislation introduce the term “nominal cuts”? In our opinion, no. Is it necessary to introduce into circulation such names of fictitious beats? Tim is more aware that "nominal gains" are awarded for the duration of the main expenses caused by the counterparty to non-contractual goiters.
At its core, the category of "abstract clashes" took away the fixation at Art. 75-76 UN Convention on Contracts for the International Sale of Goods (Videnska Convention 1980), in which 40 powers take part. Contributions, calculated by the abstract method, are calculated as a difference between the contractual price and the flow price at the time of the conclusion of the contract. At tsomu can buti be tightened so dodatkovі zbitki vіdpovіdno up to Art. 74 Conventions. Regulations on abstraction in the Principles of International Commercial Contracts. It is true that the provisions of the Regulations may already have a violent character and be enforced by all types of contracted goiters.
The national law of the rich countries of Europe victorious construction of abstract battles. So, this is the way to calculate the number of people who know the “legal registration” of the German Civil Code; Swiss Goiter Law, English Law on the Purchase and Sale of Goods 1979
Articles 50 and 51 of the Law on the purchase and sale of goods are transferred, that the borzhnik may have the right to contract the retail price at the negotiated and market price, if the subject of the contract is the goods that can be exchanged at the market price. І here the buyer can present the orders about the vіdshkoduvannya yoma zbitkіv the wrongіrnim behavior of the seller, zokrema not transferring the goods.
Calculation of the rіznicі mіzh dogovіrnoy and rinkovoy cіnoy to pass at the moment, if vіdpovіdno to the contract maє vіdbutisya transfer to the goods, if such a moment of transferі is not installed, then at the moment of vіdmovi vіd yogo transferі.
It is impossible to distinguish between the concept of “sometimes vitrati” (in the context of Art. 15) and “abstract squabbles”. Tse different understand that they do not run away. Future clashes are part of the real shkodi, which screams out of the sense of Art. 15 Code.
If there are “abstract conflicts”, then in the text of the Civil Code there are no similar norms, neither in the Zagalnye provisions on goiter, nor in the provisions assigned to the contract. However, in part of the other Code, it is possible to understand the norms about specific abstract problems (for example, Art. 524 of the Central Committee), which are similar to the rules formulated in Art. 75-76 of the Vienna Convention. Article 524 is attached to the calculation of the shortfall in the hourly increase to the supply contract.
In the right countries, they also split the cuts on transfers (direct) and non-transfers (indirect). So, the French Civil Code (Article 1150) establishes a rule about the release of less than quiet beats, as transfers, or else it is possible to transfer under the contract. At st. 1151 to talk about the possibility of contracting more than direct, and not indirect, beats.
Іstotnі osoblivosti the problem of establishing a causal connection between the damages of the contractual goiters and the beats, which vinickly, may be in Anglo-American law. The originality of Anglo-American law when it comes to the determination of causal-inherited intelligibility is manifested in the established subjective moment, the very "foreplayability" (forseability) of the foreshadowing by the side, as it violated the agreement, and the sound is not directly established by the establishment of the object.
Fallow, at the stage of “peredbachuvannost”, the beaters are divided into straight lines and indirectly. Directly vvazhayutsya so zbityki, yakі vіdpovіdach having passed at the time of the breach of the contract. The stench blames it to the point of an outrageous interruption of speeches as an immovable result of the contracted goiter. In its own line, in the characteristics of indirect zbitkіv tsі signs are daily.
The order of output of beats
Viznachayuchi understand that see zbitkiv, Art. 15 The Central Committee does not reveal the mechanism (order) of the blowing of beats. At the same time, the very order of winding up is causing significant difficulties in practice.
In the present hour, such an order was taken away from the Timchas’s method of appointing a rozmіru zbitkіv (zbitkіv), the heads of broken government contracts (commendations by the sovereign commission for the sake of the Ministers of the SRSR for economic reform on December 21, 1990). Named Methodology is not officially skasovana, and to that zastosovuєtsya at a part that does not superechit dignified legislation.
Won є universal, especially її zastosuvannya in different galuzahs of the economy can be appointed by the relevant ministries and departments. In due course, Galuzev methods were adopted in the Ministry of Black Metallurgy, Minvazhmash, Mintorga. Irrespective of those who are appointed on the territory of Russia, the Ministry of Health has saved the specifics of the production of products that are produced by various enterprises.
Timchasov's technique is outdated, but there are no new ones. Prote її vіdsutnіst vіdbivaієtsya on stanі pravozastosovoї practice. Oftentimes, the arbitral tribunal adjudicates the hour of examining specific information about the withdrawal of congestion to ask the applicant to clarify and explain the method of reinvestigation of the congestion, zapodiyanih nevykonannyam counterparty to negotiate goiter.
The thesis about those who beat the beaten up less than the rest, the shards of the borzhnik, having paid the penalty, are not proof of the obviousness of the beatdowns and the possibility of their blowing. The forfeit pays for its own rules, the forfeit pays for its own rules.
Why, on the equal footing of enterprises, that organization can see local acts that regulate the procedure for fixing the situation, which may have legal significance, the selection of relevant information, as well as the execution of claim-causing materials.
Such a document can be given to practitioners of business (organizations) methodically to help with the appointed rozmіru and brought zbitkіv, zapodiyanih contracted by contractors of contracted goiter, that vreshti-resht bring to the speed of main expenses.
Razpodіl zbіtkіv on real zbіtka that wasted advantage of the lack of rozrobki method їh calculation. First, the representatives of the concept of state law (V.K. Mamutov, V.V. Ovsienko, V.Ya. Yudin) paid attention to the need for a detailed grouping of stocks. On the basis of the study of the great empirical material, the named authors have developed a low recommendation on how to designate the expansion of the problems in that order.
The New Civil Code bypasses the side of richly important meals, connected with the airs of controversy as a world of civil and legal viability. U zvyazku z tsim significantly so.
In the first place, the cuts are due to the nature of the damage to the contractual goiter, but not to repair the damage itself. The same damage (for example, the supply of products of inadequate quality) can result in different consequences: a change in the obligation of virobnitstva, an increase in cooperation, a decrease in the quality of products and other. I, on the other hand, different damage can lead to the same results (paragraph 6 of the Timchas method).
In another way, in case of rozrahunka rosemary zbitkіv, zapodіyany nevikonannymi goitre, zbіtki dermal appearance it is necessary to razrakhovuvat okremo, and take away the results pіdsumovuvati. As an analysis of the ship's and government practice, such a step to the conclusion of controversy, to the methodology of bringing them to truth.
Really call about blowing like real fights, and missed opportunities are rarely seen. One of the main reasons is the presence at enterprises (in organizations) of reliable organization of this work, the lack of fragmentation of receptions, methods of vikonannya.
Organizational problems themselves, but not difficult to bring clashes and the complexity of the appointment of their expansion, are more importantly more important than the presentation of business calls for the release of clashes. For the majority of the authors, the reason for the sparse stagnation of norms about the release of slugs in difficult cases is explained.
When looking at the superechok about constriction, the arbitration court is guilty of fraud, the skin side of the goiter is to bring you around, where you can try to show off your own might and chi (Article 65 of the APC).
Pozivach goiter nadat prove that to speak about the sbitk, zocrema: bring that obgruntuvati rozmir zbitkiv, a causal connection between the zbitkami and non-vikonans in support of their contracted goiter.
Without these documents, a superwoman can be objectively examined in an arbitration court. Vіdpovіdach may have the right to bring on the deepest minds in the arbitration court that the positive person did not submit the necessary documents, or did not live to the point of zabіgannya zabіgannya or change their rozmіru.
As a proof of the obviousness of the hit, the creditors will win the first and other documents that prove the fact of the adoption of the shkodi. Vіdsutnіst dokumentіv pozbavlyає arbіtrazhnіy sudіє mozhlivoє staguvati zbitki.
Sounds become wiser to the confession of some scientists about the development of an illustrative translation of the primary documents, which confirm the controversy in the event of the destruction of contractual goiters and the methods of their investigation. Up-to-date is the supply of information about the distribution and supply at the enterprises of the system of operational and reliable information about traffic.
In the legal literature, there were propositions about how to forgive the order of the settlement of controversies. For example, M. G. Masevich tried to pull the trap after the destruction of the goiter, counting them in an approximate amount of the possible vitrates, causing the non-vicons to goiter.
Such a thought was met with fair criticism. It was planned that they should ask the rozrakhunki, looking at the appearance of actually incurring beats, and do it thoroughly.
Direct output of beats by OSATsV
However, turning to the guise of a motorist, the law has surrounded the stagnation of direct airflow from the bands of obov'yazkovih furnishing, as if "zbіgtisya" in the minds of the road transport fit. If your insurance policy does not include one of the lower points, you will not be able to get direct withdrawals from your insurance company.
Wash the zastosuvannya of the direct blowing of the beaten
You submit an application for a refund to your insurance company only as follows:
1) the accident was due to the fate of two transport workers, Hromadyanskaya vіdpovіdalnіst vlasnikіv any insured under OSATsV contracts;
2) in the aftermath of an accident, Skoda is overwhelmed by the lane, but no life and health of the participants in the incident;
3) the mutual fault of the participants in the accident is not fixed;
4) the insurer was at fault for the accident for no reason, not for the license of OSATsV.
You won’t be able to redeem on a straight line the blowing of zbitkiv according to the OSATsV, as follows:
An insurance claim has already been submitted to the insurance company responsible for the accident.
You were at fault for the accident by the procedure of simplified registration of an accident without a statement of DIBDR, but incorrectly, or not correctly, the offenses were filled by conciliators of information, or you have є razbіzhnosti about the circumstances of an accident and the nature of the accident.
You do not think that you have any more moral damage, or that you have lost it in an accident in the past, because you have lost your mind.
The accident happened at the start of the journey, trying out the initial drive.
Skoda zapodiya antiquarian items, valuable papers, items of a religious nature and works of intellectual power (books, manuscripts).
The fact of the violation of the rules of the road traffic, which caused the accident, is rebutted in court.
You untimely told the insurer about the current insurance situation.
Have deyakih vipadkah, peredbachenyh pleasing members of the PCA.
The mechanism for withdrawing payment under the PVU rule is simple: if you don’t need to submit a complete set of necessary documents, you may also be directed to an independent examination. If everything is fine with the documents and your insurer has taken a positive decision on the payment of the insurance company responsible for the accident, then the pennies are transferred to the account, the appointment of the relevant application.
Mustaches are farther away from the policeman to the policy of OSATsV do not quarrel - the insurers themselves razbirayutsya among themselves. Ale, the skin system has its own nuances. Insurers blame the big busses for the regulation of small congestions, and in times of great payers know to direct the client for the old route - the company is to blame for the accident.
Varto is also a mother on the street, so:
1) The impossibility of adjusting the bill for direct filing is often associated with the situation, if the documents that are submitted are tolerated, revenge for inaccuracies and pardons, which should lead to the correction of inaccurate information to the insurer and, as a result, impossibility to regulate
2) Vіdpovіdno before the amendments, the patient may have the right to apply to his insurer for the payment of OSACV within the framework of the direct vіdshkoduvannya regardless of the fact that the designations of the insurer are not in the policy. Previously, the insurer's rozbіzhnіst that vlasnik in the OSATsV policy was the cause of direct regulation.
3) One more additional thing, as it is necessary for the nobility of the car owners. A single form of completion of the DIBDR, as a way to support the rules of the OSATsV, tobto. dovidki, which is submitted to the insurance company in the package of documents for the regulation of the insurance claim, form 748, approved by the Order of the Ministry of Internal Affairs of the Russian Federation.
4) In times, as in the case of an accident, the congestion was given less than a lane at a cost of no more than 25 thousand rubles, in an accident to take part in no more than two transport costs, the civil liability of their wielders is insured, and the mind that arranges an accident is not due to the Oshkodu vozmіzhna, then issue without a call to the DIBDR inspector.
Let's hope, whoever would not be at fault in an accident, get rid of people. We must help the suffering people. After completing the formalities, please exchange your contacts.
Srazok call statement about blowing beats
Call statement about the withdrawal of the contract and the lost profit from the connection with the non-contractual agreement
Before the Arbitration Court r. ___________
Caller: __________________________
fax _________, e-mail __________
Vidpovidach ________________________
Locality: ________________
phone: ________________________
fax __________, e-mail _________
I will call Suma ______________________
Keep ______________________
I'LL CALL THE APPLICATION
about waste blowing and wasted profit
zv'azku z nevikonannym agreement
"___" __________ 200_ р. mіzh Pozivachem and Vіdpovіdach was signed
Agreement N ___, yakim Vidpovidach mav:
1) __________________________________________________________;
(indicate the goiter's request for Vidpovidach under the Agreement)
2) __________________________________________________________;
3) __________________________________________________________.
Vidpovidach mav vikonati your goiter to "__" ______
201_ p.
The applicant is guilty of arranging payment for the Agreement with the rozmiri _________
(___________) rubles, including VAT ___________ (_____________),
in sequential order:
Prepayment at the expense of _____________ (_______________) rubles,
zocrema MPE ___________ (_______________) rubles;
Additional payment for the Agreement after the signing of the
goiter at the line assigned at the Agreement, at the rozmіrі _____________
(_________) rubles, zocrema MPE _________ (__________) rubles;
- "___" ___________ 200_ p. Pozivach zrobiv payment for the Agreement in
rozmіrі (________________) rubles, including MPE _______________
(___________________) rubles (payment order N ___________ in
"___" ______ 201_ p.).
Dosi Vіdpovіdach svoїbov'yazan under the Agreement
not vikonav.
"__" ___________ 201_ p. that "__" _________ 201_ p. Pozivach sending
Vіdpodovіduchі claimsії, in such a way on the vykonannі vіdpovіdach
their goiter. Vіdpovіdach on qі claims not vіdpovіv.
Conflicts incurred
Agree on what they put together ________________ (__________________) rubles that
are formed from the offensive:
1) __________________________________________________________;
(zdіysniti razrahunok zbitkіv)
2) __________________________________________________________.
Wasted money is calculated at the expense of __________ (__________)
rubles from the offensive rozrahunka: ____________________________________
_________________________________________________________________.
(bring rozrahunki)
At zv'yazku z vishchevyladenim that on p_dstavi art. 15, 393, 395
Civil Code Russian Federation
1) Pull up from Vidpov_dacha to the measles
We call at the sight of _______ (_____________) rubles.
2).
rozmіrі ______ (________________) rublіv.
3).
looking like strangers pennies ________ (_________) rubles.
Addendum:
1. Copy of Agreement No. ___, type "__" _________ 201_ p. mizh Pozivachem
and Vidpovidachem.
2. Copy of payment order No. _____ type "___" _______ 201_ р.
3. A copy of the claim in the form of "___" __________ 201_ p.
4. A copy of the claim in the form of "___" __________ 201_ p.
5. Rozrahunok sumi will call.
6. Postal receipt for the correction
declare
7. Receipts for payment of the dermit.
"___" __________ 201_ p. __________________________
(signature)
Maxim Shilin
Information agency "Financial Lawyer"
Entry
1. Legal nature of the conflicts civil law Russia
2. Calculation of losses in civil law
Visnovok
churn churn vіdshkoduvannya
Entry
The current mine turnover, independent of the first organizational and legal forms, is inevitably associated with the possibility of blaming one of the participants in a different family of mine costs, as they deduct a penny estimate and are called beats in everyday language. There are also other semantically equal or similar terms: "churn", "Skoda", "vitrate", "spend".
Unsustainable mainstream heritage, naturally, it is necessary to favor and usuvati the arrogance of the market turnover and the protection of the rights of the participants. In order to reach the goal, there are various legal paths and protections, and we have been installed obligatory bribes, which are vinicli, within the framework of the mechanism of civil law (Main) law, oskіlki zbitka in the most right-handed way of the past
Appointed to the Institute of Vydshkoduvannya zabitkіv pogaє zahistі rights of participants in the market turnover by the way of renewal of that mine camp, like it would be at the time of the lay vikonnannya yogo by the participants of laying shoes on them. In addition, obov'yazok vіdshkodovuvat zapodіyanі zabіtki є important zaghalnoї preventsії and stimuli suvore vykonannya prinyatyh goitrov'yazan usіma participants in the mine turnover.
It is common to see the statutes of the Central Committee in the articles of the Central Committee, both in the colonial part of the yoga (art. 12, 15, 16), and in the divisions assigned to the legislature of the yoga institutes ( legal persons, vlasnosti, agreements, delicts), de normi about clashes of numbers. The great legislative act of the civil law hall cannot do without the riddle about the beaten-up that їх vіdshkoduvannya.
The legal norm in the region є Art. 15 Central Committee, called "Vіdshkoduvannya zbitkіv". Vidpovidno to tsієї statti person, the right of which has been violated, may require a full blowing of zapodіyanyh їy zbitkіv, as by law chi the contract did not transfer vodshkoduvannya zbitkіv to a smaller rozmіrі. Under the beats, there are real breaks in the mine and the irreplaceable income (the profit has been spent).
At the roz'yasnennyah vyshchih judicial instances of the Russian Federation obov'yazyaz vіdshkoduvannya zbitkіv so priymaєєє as evidence of damage to the rights of participants in the turnover of illegal activities (lack of action) state organs, organіv mіstsevoy self-regulation and yogo townships, tobto. As a last resort, the problem of law enforcement is the issue of civil and legal violations.
Properly reconsidering the blowing of the beat allows you to enter the form of the difference between the other types of the difference, and impose sanctions, as well as the difference, and create an adequate legal regulation.
It is a pity that the legal system does not respect the sequence of fixed main features of law enforcement as a form of evidence, which, naturally, is signified by the quality of law enforcement practice. Tsim i is determined by the relevance of these topics.
Meta tskogo dolzhnіdzhennya polygay in revealed, staging and virishhennі theoretical and practical problems, pov'yazanih z vznachennym legal nature zabitkіv and participation in the civil society of this civil-legal category.
Follow-up task:
) Reveal the legal nature of the conflicts;
) it means that such real conundrums, the vigoda and abstract controversies have been spent
) reveal the features of the calculation of the zbitkiv
The worksheet consists of an entry, two divisions, divided into 5 paragraphs, and a list of victorious literature.
Chapter 1
1.1 The concept of sbitkiv, scho pіdlyagayut vіdshkoduvannu (historical aspect of the current)
Whether any analysis of a legal phenomenon starts with understanding - the system of knowledge about this phenomenon. The systematization of looking at the subject allows you to reveal the different sides, then, more clearly understand its essence, reveal the special features that revise it in other similar manifestations, and also identify its recognition of that place among other legal institutions.
High-ranking lawyers (for some kind of blame), who start so chi іnakshe vіdshkoduvannya zbitkіv, gave their bachelor category of zbitkіv as a whole, basing on the legal definition (like such a bula) and not sounding at them warehouse parts, which, of course, has sprung up the expansion of the zastosuvannya zastosuvannya vіdshkoduvannya zbіtkіv, especially at the hour, if the participants of the market vіdnosin vymagayut the most outrageous of their main interests. Why drive B.S. Antimonov wrote: “Based on this appointment, our legal literature of this kind is only limited by the implementation of yoga.”
The scholars of law, who continue to understand the controversy, can be mentally divided into three groups.
Before the first group, we are terribly quiet, who sees the beats as if the value has been destroyed. So, D.I. Meyer pointed out that the law of the skin, as it is seen in the gallery of civil law, as the law is mine, it can be seen that the value, as in the past, the right-handedness changes, or the right is reduced, and the change or the reduced value of the right is called beaten. K.P. Having taken in the victorious ones, be it as if they were lost, as if they were changing the values of their forces, be as if they were pushing the lane to become overwhelmed. G.F. Shershenevich, as if thinking that Skoda, zapodіyana mine and as if he had a change in value, are called beats.
Before the other group, the authors enter, which are beaten - violations of interest. For example, the work of U. Mattei mi bachimo: “Vidshkoduvannya zabitkіv lie down to the category of zasobіv zahistu, like protecting an interest, but also a subjective right. Whether it is the main right, we can defend ourselves in a verbal way, but we ourselves can be confidently guaranteed against the behavior of other misfortunes, behind the back of the main not sanctioned by the ruler of the main. If any other defender is respected by the world, protect not the subjective law of the mine, but only the interest. In fact, it’s very important to compensate the head of the yogo through the institution of defence, for the improvement of the fact that, being sentenced by the court, the whole zahіd will be, if necessary, pragmatically activating the sbit, overcoming the subjugation. A.S. Krivtsova, equal to the interest, I have some tolerance for the fact that the stormy day did not come. The authors of this group in a different way formulate the understanding of the conundrums, but otherwise it is distinguished by them through the category “maino”. Zokrema, under the beats, toils on the uvazi taka the loss of the mine camp of the victim, as if it had not come for a normal overrun of the podia, yakbi goiter was vikonan with a proper rank. V.V. Vaskin vvazhaє, that, depending on the direct meaning of the word, with the use of the significance, one can say that the beats are a change of the essential, or the use of the future lane, as if it had appeared, as if it hadn’t been foretold. N.D. Egorov rose up in confusion and these negative consequences, as they came to the main sphere of the victim in the aftermath of the opposite law enforcement.
The very word "zbitki" resembles an old Slovak word: the words buti, buttya, pobut, navkolishniy pobut, navkolishni mineno. The change of this lane, the yoga of the psuvannya was signified by the prefix "y" - urіzuvat, change, change. Zvіdsi y pіshlo vznachennya zbitkіv yak shkodi, zbitkіv, changed myna vlasnik.
In this way, the term “cut-in” seems to us in front of yogo economical sense in looking at the mine costs, which they blame or they can blame the banker for the lane because of illegal, illegal actions (or lack of action) of the third person, and they seem to be blamed.
However, it is not possible for the Vice-Presidents to coexist. The legislator, vikoristovuyuchi the term "breakdown" in the legal sense, zavzhd maє on uvazі zdatnіnu zdatnіnі їх up to vіdshkoduvannya. A special analysis of the norms of the House of Culture, which avenges the term "bashing", allows the generation of whiskers about those that stench is recognized not only as a trace of a rightful violation in the economic sense, but also as an object of such sanctions, as an example of such a sanction, as an example ). This very meaning - either from the side of the creditor as the right to blow the beats, or from the side of the borzhnik as the blowing of the blows of the blows - the greater importance of the norms of the Central Committee is formulated, to avenge the understanding of the "beats" or "the blows of the beats". Qi normi є the world (nadalі also zasіb, view) vіdpovіdalnosti for nevikonannya chi vikonanny goiter at one-hour zapodіyannі shkodi.
“Because of the crime of the difference between juridical and economic senses, we can talk about the corruption of the crises as a legacy of damage and crises as the one that establishes the main zmist of sanctions.”
Instructed by the development of science and technology, and with the help of economically viable sources, the internal definition of the term "blow-in" was developed and expanded. For example, in the understanding of the "beaten" began to enter like a real spend, tobto. already vzhe vіdbulisya, and tі vіtrati, like a vlasnik at the future may incur, sob to restore to the level of your right to destroy the chi wasted mine. In the 30s, a lot of jurists in the 30th years were proclaimed to defend themselves in a way of defending themselves by looking at the blowing of the beat and replacing it with simple approaches to the type of forfeit, normative beats just like that.
Zbitki є the widest approach of civil and legal responsibility. The very act of squeezing is the most important rule of civil and legal viability and stagnation in all situations, as it is not otherwise transferred by law or by agreement (clause 1, article 393 of the Central Committee of Ukraine). Tsim Vіdshkoduvanna Zbitkіv Vіdriznaysnznayvniy Vіdpovіdalnosti, Shaho stroke like in the vipads, convened the law with the Treaty.
O. Kucherova vvazhaє, scho zbitki - tse penny expression of shkodi, and he zbitok, main shkoda, spend the main, suffer incurring. Follow the thought about those who introduced into the doctrinal appointment of the sbitkіv like a sutteva sign of a penny expression of the main shkodi sounds unmistakably tse understandі, otzhe, spotovoryuє yogo essence.
A.V. Myakіnіna stverdzhuє, scho thought, sho strіchaєєєєєєєєєєєєєєє іnоdі about those, scho comprehension "zbitka" it is necessary to reconcile in the category "Skoda" and "zbitka", it seems to be unsupported. Irrespective of those who in the DC of the Russian Federation agree on shkoda and they are sometimes called sbitka (Article 796), Art. 1082 about delinquent shkoda straight up to the general norm about vdshkoduvannya zbitkiv (Article 15 of the Central Committee of Ukraine). So it is understood, like “Skoda” and “Zbitka”, that is the meaning of one infamous concept of “Zbitka”, which has already been pointed out more than once in the literature. At the link with the cim є bazhanim, one themselves sees it as a non-mine, and a mein shkodi (shkodi) is called the single term "churn"
1.2 See the controversy: the real controversy and wasted profit
Nezalezhno vіd pіdstav vyniknennya zbitkіv stink at his own place, zgіdno zі st. 15 of the Central Committee, may be the main expenses of a twofold kind, as soon as they are called the right mix and the wasted profit. In the upcoming articles of the Central Committee, the term “real Skoda” is also used in the same way as the term “bashing” (Articles 796, 898, 981, 998).
Dane razpodil zbitkіv - їх the most important classification, as he drags along important legal nasledki. Terminologically, it has its own roots in Roman law and is victorious by the civil legislation of most modern lands, as well as by rich international treaties for the participation of the Russian Federation
Vikoristovuetsya in paragraph 2 of Art. 15 the term “mayno”, which is used by the Code in different meanings, should be understood broadly to the rules of Art. 128, how to bring order to the mayn with the speeches of the mayn's rights, robots and servants, as well as intellectual authority.
Tse means that, as a result of the payment of guilt, vіdshkodovuvatisya is also unfriendly to mine, scho viklikayutsya violating the goiter's rights, for example, in the case of earlier agreements with third persons in the case of the removal of non-yakіsnih comrades or in the service of low rіv. In some cases, spending can be interpreted as if the profit was spent, and the conclusion of this food may lie in the specific circumstances of the dispute and the evidence submitted by the parties.
An important novelty of the DC RF 1994 is included in the given paragraph 2 of Art. 15 commemoration of the beaten-up of the future vitrates of the injured individual, as if they were trying to beat the victim for the restoration of the violated right. This new norm creates significant legal advantages for the injured party, which does not require the court to present repeated efforts to defend the violated right. However, at the same time, it is possible to demand more than transferring and defending the battles and complicating the task of the court, which may evaluate the future in a positive manner and їх rozmіr, without, as a rule, sufficient evidence through the sluggishness of the present day.
For the reasoned that fair vyrіshennya tsgogo nutrition korisnymi є roz'yasnennya, scho to be held at p. N 6/8. Vіdpovіdno to tsogo clarification takі maybutnі vitrati vimogi їhnoї side of the toil Buti neobhіdnimi that pіdtverdzhuvatis vіdpovіdnimi rozrahunkami, koshtorisami that kalkulyatsіyami and takozh Minds contract scho viznachayut rozmіr vіdpovіdalnostі for zobov'yazan torn down, SSMSC mozhut mіstiti pevnі Minds that vimogi schodo kompensatsії maybutnіh zbitkіv .
The short story of the DK about the victimization of the injured parties of the future will be assessed ambiguously by the doctrine. V.S. It should be put before her even more positively and respect that such a solution may have great prospects. Sumnіvi yogo dotsіlnostі vyslovlyuє, vikoristovuyuchi materials of ship's practice, Yu.G. Basin. On the other hand, the possibility of constricting possible debts is clearly not consistent with the legal regime of regression goiter and regression call and creating the possibility of withdrawing from the borzhnik at the warehouse of the real shodi of contrived and unrealistic debts of the creditor. On the other hand, the formula for the law can be less categorical and allow for the possible expiration of the possible infringements less in the cases, transferred by legislation to please the parties.
However, the possibility of turning on the warehouse of real money is contrived and the unrealistic windfall is not excluded for any legislative regulation of the warehouse of sound beats. Such unfortunate situations are to blame for us in front of the borzhnik, that we should be reprimanded for poses, that we should not present ourselves before a new one, about blowing beats, and also at the process of investigating that assessment of evidence at the court’s review.
What is up with Yu.G. Basin of the new legislator's formula about the release of possible vitrates is less common in the cases, passed on by legislation to please the parties, the practical choice and curiosity seem doubtful. It is not easy to signify the law, in times of violation of some civil legal rights, it is not easy, moreover, it is hardly true that such a special regulation of only a few groups of civil legal rights is true. Included before the laying of contracts, it’s easy to think through this tightness for a borzhnik, it’s easier to lay down contracts and it’s unlikely that there will be a practical extension.
Criticized by Yu.G. Basinim, the legislator novella lay at the channel of the creditor's right to change the rights of the creditor on the basis of the release of the debts of the debts, it will be easier and sooner the practical removal of such a total withdrawal, because the application for a recourse call will require an hour and a cost. Therefore, the requirement to analyze the norms of the new DC of the Russian Federation must be corrected. Її practical korisnіst can be overridden by practice, put protein її under sumnіv nemaє sufficient pіdstav.
The other, legally folded view of the controversy is that the profit has been spent. Vіdpovіdno up to paragraph 2 of Art. 15 of the DC of the Russian Federation, if the rights of the creditor are violated, they will receive neotrimani income, as if they had taken away wine for the greatest minds of civil turnover, the right was not violated. Such neotrimani incomes are quickly called lost profits.
Tsya norm, yak was misplaced and in Art. 219 DK RRFSR 1964, but for the planned economy it was very rarely stagnant, in today's minds it takes on a new sound and can be widely played in front of the subjects of the entrepreneurial activity, as a method of using it systematically. Tsya norm is important and for the hulks, yakі can vykoristovuvat their own money for otrimannya surplus, shards of understanding "unearned income" that took shape under the hour of the planned economy, it was gone in the past.
Until the expiration of the spent money, which is to be avenged at paragraph 2 of Art. 15 of the Central Committee; 393, zgіdno z yakim in the case of the spent money, be insured by the creditor for її obsession, come in and live with the method of preparation. Tse poklikane include otrimanna otrimannya piece and secured income by the creditor.
Zastosuvannya norms of the DC of the Russian Federation on income taxation of non-limiting incomes due to the low cost of the front meals: how much should you think of the turnover, how much of the revenues of income and the threefoldness of their calculation?
The regulation of the lost money was supplemented by the Central Committee of the Russian Federation with a new norm for the law of the state: par. 2 p. 2 art. 15, as a person, as if he violated the right, took away the last of his income, the person, the right of which is destroyed, has the right to use the order with the smaller stumps of the spent profit from the rozmіrі not less, lower the same income.
A norm has been set, judging by the judicial decisions that are published, until the zastosuvannya has taken it away, it is important to evaluate the fairness. However, the doctrine is out of critical respect. On the thought of S.L. Degtyarova, tse formularyuvannya paragraph 2 of Art. 15 of the Central Committee is practically unpractical, splintering the income of an individual, as if it violated the law, if it’s possible, if you don’t rely on documentation, you don’t need to, naturally, voluntarily, positively.
A.V. Latinsiv and O.V. Latintsev vzagali vvazhayut, scho in this way to introduce the right to "look into the gut of the counterparty for the contract", vіdbuvaє podvіynoї vіdpovіdalnosti, і recommend vіdmovіtisya vіd ієї norms аbo robiti її її її її її її її її її її її її її її її її її ʻalternative її її zatsіkavlenoi.
However, the subordination of the regulation of the analyzed norms of the Central Committee of Ukraine should not be introduced. Її zastosuvannya can, obviously, lead to an increase in sums of beats, which are drawn from the wrong wrestler, tobto. to the advancement of vidpovidalnosti, the protest was proved by the nature of the admitted violation of the law.
The sense of recognition of the negotiated norm after the bazhannі legislator reshuffled by the unsuspecting borzhnik of the main vigods with additional damage to the previously accepted goiter, which may be the case for the current market vіdnosіn and є rude violations of the rules of summіnіnіnі.
In fact, there are no culprits before the analyzed norms, but because of the causes of difficulties due to the evidence submitted. However, the stench is rattling and providing additional nutrition. Pozivach vimagav vіdshkoduvannya on the pіdstaі st. 15 of the Central Committee at the warehouse wasted money for the protection of the rented property after the end of the term of the rent. At the call, which was considered by the Arbitration Court of the Moscow District, it was issued through the legal support for consolidating the law by giving money, like wine, having paid for the rent of a similar property.
Commenting decision A.V. Egorov points out that “having read this norm literally, the court can have income before the spent money, take away the damage to the goiter, and not the yogo protection ... but it is not possible to turn on the expansion of the cloudiness of this norm, as a result of which, to understand the income, it would be included and protected by the violator Vitrati. It would have been better if there had been more darkness, perhaps, more justly.
Until the next judgment, it was necessary to come, the decisions were made by the editorial clarification of para. 2 p. 2 art. 15 of the Central Committee, which includes income as well as the loss of the ruined economy. Vitchiznyane judges rarely go as far as expanding the clouding of the norms of the right-bearer and they are treated with a literal verbal text, as if they do not give a fair decision.
1.3 Abstract squabbles: ways to tighten
Abstract hits - sposіb sposіb sposіb sposіb sposіb izbіbnіnі zbіtkіv for ty vipadkіv, if the goods, shcho є the subject of the contract, broken by the borzhnik, may be exchanged or other market price. In this case, the difference between the negotiated and market prices is to be beaten, the expansion of which does not require bringing.
In this rank, the DC of the Russian Federation gives the opportunity to pull together two different types beaten:
abstract, for the contraction of those in case of a broken contract, it is necessary to bring only a rіznitsyu cіn і rozmіr flow ї cіni goods (clause 3, article 524 of the DC RF);
other beats, for the terminology of that, V.V. Vitryansky, - “concrete”, so that the clashes with the classical rozumіnі st. 15 of the DC of the Russian Federation, with a complete set of evidence of a causal connection, a rozmіru, an actual order of congestion, etc.
In our opinion, almost literally from the theoretical subtleties of the problem, the shards of the courts sometimes stray from the abstract confusions and in the solutions one can be wise, softly seemingly, wondrous formulary. For example: “The Arbitration Court of the Krasnodar Territory was sent to TOV “Ptakhofabika “Eldama”, p. Dorgeli, Republic of Dagestan, with a call application to the State Unitary Enterprise KK "Timashevsk Veterinary Utilization Plant", Timashevsk, about 2,028,608.8, including 1,505,910.01 rubles. - The amount of the prepayment made, 522,698.83 rubles. - Beats. The court, satisfied, could easily tighten the controversy.
Prote, calling on the trivality of the state's vindications, change the price list of the State Unitary Enterprise KK "Timashevsk Veterinary Utilization Plant" (from 12.11.2007), the court is considering for the possibility of constricting 522,698.83 rubles. the price difference between the price set in the contract (5500 rubles per ton), and the flow price that was based on the contract at the time of the contract” (decision of the Arbitration Court of the Krasnodar Territory dated 03.04.2008 N A-32-599/2008-1/1).
Why is there a sense? Pozivach asked to pull the borg and abstract beats. The court has entangled abstract confusions from the most significant. And at the same time, tightened up, and then immediately tightened up like a mysterious “price price”. Moreover, the rozmir tsієї tsіnovoi ї raznitsi to kopіyka zbіgaєsya іz sumoyu zbitkіv, pozyvachem statements. In such a rank, in fact, the court pulled together the very abstract squabbles, but formally called them a price difference.
We use the butt of the ship's pardon to decide the Arbitration Court of the Rostov Region (AS RO) vіd 02.03.2010 N A53-26686/2009, in which the court lowered the penalty for art. 333 of the Civil Code of the Russian Federation (reduction of the penalty), so that after zastosuvav the law, so as not to zastosuvannya. Keep pardons still to help the theory.
Have some kind of information and legal system of anonymous theoretical articles dedicated to the beats. The authors talk about their legal nature, the burden for the creditor, and so on. For example, V.S. EvtєєєV VVAZHAєTOK BOGET BENEFUL FOR THE CREDITER, OSKІLKI "PRESHER, ROYMNA TSIN TSILKOM MOZE BhUTI Bільшою FOR IMAGE, IN EXISTERY, VCHINENNYE ZAINNOBO ROZHNOVA TO ON THE YAK ROSEMNY ZAKHІD FOR SMENSHENNYY Zbitkіv і in the Cent that air blowing vitrat for the sake of a replacement - from the other.
At that very hour E.A. Zvereva stverdzhuє: "... specific and abstract clashes are also important to consider in the case of the waste."
Htos and zovsіm zmіshuє all at once: “In our opinion, the abstract and concrete battles of the common meta - the constriction of income, as if the person would have won for the greatest minds of the hromadyansky turnover, yakbiyogo the right was not violated.
Otzhe, podstav see in civil law abstract and concrete clashes no, to those who stink are nothing else, like a different "lost opportunity"
A axis scho vіdpovіdayut theorists practices: "legal otsіnka vіdpovіdachem STATEMENT pozivachem zbitkіv yak upuschenoї Vigoda Je pomilkovoyu, oskіlki normalized item 3 stattі 524 CC Ukraine viznachayut samostіyny view zbitkіv so zvanі abstraktnі zbitki, i vіdpovіdno to item 4 tsієї stattі zadovolennya vimog, peredbachenih paragraph , 2, 3, do not call the bill, yak do not win the goiter, in the case of the other battles, the conquest of the other side, on the basis of the statute 15 of the Central Committee of Ukraine (tobto real shkod and spent vigodi) "
You can take into account that there are no ordinary abstract conundrums in nature, but there is only less controversy in looking at the real shoddy and the wasted profit. But for such an approach, the subject of proof is expanded. On this topic, the topic of the Russian Federation: "Vіdpovyky to articles 15, 393 of the Civil Code of the Russian Federation in the Visliva Visdshkodvynnya Zbitkіv Mozhaliv for the fact that with beats ”the thought is this: Art. 15 and paragraph 3 of Art. 524 of the Civil Code of the Russian Federation, it is necessary to comply with such a special norm. For example, beats are more understandable, then abstract beats are zokrema. Even chastkovіst vygіdna, z look practice, which should bring qі zbitki in court, and not write a monograph about them.
In the light of what has been said, it is possible to propagate the very thing that is not applied to the classification of the beats on specific (hard, real beats), abstract and used things.
Pidkhid V.V. Vіtryanskogo (“retail between agreed and market prices and make cuts, the expansion of which does not require bringing”) is nasty to go with art. 65 of the Arbitration Procedure Code of the Russian Federation, in which it is indicated: “A skin person who takes the fate of the right, can bring the situation, for example, she will ask for it, as if on behalf of her mighty one.”
The judgments of the courts only confirm the difference between the theory and practice: “In the event of the presentation of an exodus about the release of abstract beats, it was possible to bring the rise of the beats” (decision of the AC RO of 05.03.2010 N A53-29073 / 09).
Zagalom abstract beats squandered to paragraph 3 of Art. 524 of the Central Committee of Ukraine, art. 76 UN Convention on Contracts for the International Sale of Goods (laid at Date 11.04.80, dated 01.09.91 for the SRSR). colossal SRSR in the UN and z tsієї date in full obsіzі vіdpovіdaє for all rights and goitre of the SRSR). Tsіkavo, scho buv vipadok zastosuvannya named article of the Convention without intermediary, bypassing the DC of the Russian Federation - div.
Looking back at paragraph 2 of Art. 15 of the DC of the Russian Federation, where it is given the official confusion of beats, you can enter your own designation of abstract beats: abstract beats - especially beats; price difference at the price, for which the goods are guilty of sales (deliveries) under the contract, that at the current price for the same goods on the date, if the supplier’s obligatory binding is attached to the delivery.
The visibility of abstract beats from real beats is obvious. And the axis of the missed vigo and the stench is itself truncated (simplified) by the subject of bringing. So, in case of constriction of the wounds, it is necessary to bring the new stock of corns: the fact of the destruction of the corns by the counterparty, the presence and the expansion of the corns, the causal link between the lawful damages and the crises. According to abstract squabbles, the subject has been brought to a significant level, I need to bring it to the minimum:
the fact of the termination of the contract, moreover, the contract may be terminated “after the destruction of the goiter by the seller” (Article 524 of the DC of the Russian Federation);
the price of the goods under the contract (do not zavzhd cіna nastіlka is obvious);
I will send the price of the goods, tobto on the date, if I have stuck the bindings of the postman from the post.
practice.
Once again respectfully read paragraph 3 of Art. 524 of the Civil Code of the Russian Federation: "... the party can present, if possible, about the withdrawal of the zbitkiv at the sight of the difference between the price established in the contract, that line price at the time of the conclusion of the contract." It would have been better if the law had everything written simply and clearly. Retail price for the contract and the current price at the time of opening the contract. But, the practice goes in a different way: “Behind the set norm, the flow price is charged at the time of the binding of the postal worker to transfer the goods in kind” (Resolution of the FAS SKR dated 17.01. SKO in 02.03.2004 N F08-570/2004, in 18.05.2006 N F08-1735/2006).
It is permissible, the contract of delivery was laid on 01.02.2009. Delivery term - 15.08.2009. There is no posting at all. Please don’t know about the continuation of the term. The buyer after a number of claims, in the management of the seller, draws up an agreement from 01.11.2009. To come out, on 15.08.2009, the binding was delivered, and the contract was opened on 01.11.2009.
Yaku, pitaєtsya, will I take the price of the goods to the rozrahunka zbitkіv? Price as of 15.08.2009 as of 01.11.2009? Practice shows that there are options for offense. To that, about every change, you should prepare to prove the price for offending dates. For the sake of it, we are given the task of arranging for ourselves on the date of attaching the binding to the delivery.
Constriction of abstract controversy, in fact, is a simplified form of designation of the scope of incurring controversy (real shodi, which is sometimes missed). To rob the defender of the rights of the injured party is more simple and effective. Reversing to the analogy of the law allows judicial practice to more broadly zastosovuvat tsey institute for the hour of superechok constriction zbitkiv.
Chapter 2
2.1 Prices and tariffs for the payment of the amount of bitcoins
When presented, it was possible for the withdrawal of sbitkiv, zapodiyanih law enforcement, the basis of their deduction is the price of the tariff, which is due to the injured party. This important situation is clearly expressed in a number of norms of the Central Committee (Articles 393 and 424) and more often in the Timchas Methodology for the appointment of battles in 1990. Vіdpovіdno up to this document, the spread of zbitkіv (zbіtkіv) is secured on the basis of the norms, standards, prices, tariffs and other normative and technical documents established by the established procedure and applicable to the injured party. Vitrati, scho to change the designated norms, prices, tariffs, do not impose an air gap (clause 5).
In the minds of the market economy, the sphere of dії obov'yazkovyh tsіn and tariffs is surrounded by those overwhelming є vіlnі market tsіni. Vikonannya the contract is paid for the price set by the favor of the parties, even paragraph 1 of Art. 424 CC. Such prices are formed as a result of the balance of consumption and propositions, they can vary widely in other regions and cities to change, including due to inflation.
Therefore, it is necessary to establish, firstly, their territorial attachment, as it can be different; in another way, the date of zastosuvannya. Zagalnі rules z tsikh nutrition induced in paragraph 3 of Art. 393 Central Committee. Vіdpovіdno up to tsієї norms, yakshcho іnshe not peredbacheno by law, іnshimi legal acts аbo contract, in case of appointed zbitkіv are taken to respect the price, which was founded in that place, de goiter іzannya little buti vikonano, at the day of voluntary satisfaction with the help of the lender voluntarily satisfied with Bulo - I will call on the day of the presentation. Vykhodyachi z obstavin, the court can be satisfied with the help of the court, taking into account the price, which is the day of judgment.
Tsya norm attaches the appointment of the price to the month, de goiter can be vikonan. Sometimes it is more obvious, for example, at the hour of ordering or carrying out contract work, prote neeridko z'yasuvannya. Delivery of goods can be carried out for the purpose of signing as a postal worker, as well as a purchase, similar to the situation, it is possible and there are other contracts. In the intelligence of great commercial items, the thoughts of the report on the Novi Rinki, Mozdliva Vicanna Zobov'jazhani in the Rіzki Mіszi, and the Zbitkіv needed observation of Zbitkіv on the basis of Tsіn, Yaki in Okrahih regіona.
Rule p. 3 Art. 393 of the Central Committee about the right to the court to impose prices at the time of the judgment of the court decision to be of a criminal nature and allows us to indemnify the court unfavorably for the injured party, the increase in the price and the guilt of the fair decision, which will ensure full compensation for the losses caused by the admitted violation of the law. However, it is also possible to lower prices, and given the norm of the Central Committee, it can be victorious on the greed of the other side, as it is not the responsibility of the injured person to depend on the sum of the main expenses.
Introduced the rules of the House of Culture, in which there is more than enough about prices, the next thing is to expand your understanding and to increase tariffs for services, different prices for weekly work, as well as rates salary oskolki pіdstavi їх zastosuvannya owe buti єunimi.
Ts f criteria owe vikoristovuvatysya shdo probable vitrates of the injured party, yakі won maє right, zgіdno z p. 2 tbsp. 15 of the Central Committee, vimagati at the warehouse of incurring consignments. Prote for the manifestation of stable conjuncture seasonal trends regarding the increase, now, price reduction, the court is entitled to make additional corrections before awarding the amount of the possible losses to the injured party. Paragraph 3 of Art. 393 of the Central Committee of the main rules for determining the price in case of contracted debts, it is also possible to succumb to the expended profit.
The DC of the Russian Federation and supplement the Code with laws to enforce a number of steps to establish higher standards of the Code and introduce special rules for determining the price when calculating the number of different types of hits that are necessary.
The Civil Code of Ukraine has a special rule for determining the price in case of presentation of a possible failure through the opening of a supply contract. Vіdpovіdno up to paragraph 3 of Art. 524 at the time of zastosovuєtsya current price, nayavna at the moment of the contract. Tsya norm, on vіdminu p. 3 tbsp. 393, zaprovadzhuє a new date for the issuance of the price: the moment of the termination of the contract.
Special regulation on how to designate the market vartosta lane in laws about shareholder partnerships. Great Art. 77 cigo Law laid down the low rules for the establishment of a market vartosta lane and a mechanism for її vyznachennya іz zaluchennyam otsіnyuvach.
Particularities may be assigned to the price during transportation, if there is a territorial relocation of baggage (luggage), which is unsafe, and the prices at the points of administration are that recognition of the difference, which is often the reason for the delayed transportation. To whom all important nutrition in the transport laws of the Russian Federation is equal.
Vіdpovіdno to the Statute of the Railway Transport in case of negligence, that luggage is charged according to the prices assigned to the seller's account, or before the contract, and for the amount of these bills - from the prices, if the goods are charged with analogous conditions.
Otherwise, the food supply in other transport codes is violated. Vіdpovіdno up to paragraph 2 of Art. 169 of the Code of Merchant Shipping of the Russian Federation, the sum, which is paid by the carrier, is calculated from the cost of the portage there and on that day, in the case of the portage of the vivantage, or the vessel is guilty of the vivantage from the ship, according to the contract of transportation.
The stagnation of the induced norms of the KTM was the subject of the ship's review. The order of poses before the transporter of the bounties of satisfaction comes from the price paid by the vantazhovsnik at the port and sent by the administration, with the submission of positive invoices. However, positively presenting the information about the prices for goods of the same kind and quality, which is worth the cost of profit at the port of resale. The Court of Appeal instance having revealed that sled keruvatisya n. 2 Article. 169 KTM of the Russian Federation, but the norm does not establish a vindication for the withdrawals, if it is necessary to pay a positive price for the damages.
The decision was published in the information sheet of the Supreme Arbitration Court of the Russian Federation dated 13 September 2004 N 81 “Overview of the practice of arbitral tribunals arbitrating the Code of Merchant Shipping of the Russian Federation” (p. 2), shards of wine allow the injured party to take away the costs of the main expenses incurred by it.
It is also worth thinking that the decision of the arbitral tribunal that has been decided, it is possible, in the order of analogy to the law (Article 6 of the Central Committee), it has been awarded and for the super check of unsafe vantage and luggage of other modes of transport. In their statutes, direct statements from the same food are allowed, and court decisions may lead to the conclusion of the injured party of the just expenses incurred by it.
The appointment of a market price for the calculation of the rozmіru zabitkіv, as practice shows, is not an easy task. Particularly folded situations can be blamed for some individual goods, which are better prepared, as well as for a particularly valuable lane.
At the time, we are right to follow the recognition of the expertise, and to bring it up to the criteria for determining the market price, transferring it to Art. 40 of the Tax Code of the Russian Federation. If such criteria are established for taxation, it is reasonable to apply those criteria for determining the market price, and also allow the court to insure whether or not the situation is what the value for the determination of market prices may be. The dosvіd of taxation legislation is possible at times of controversy in the sphere of public law.
Nareshti, next mother on uvazі, sho in contracts, sho fit in, can be transferred sevnі korektivi schodo zastosovuvannyh by the parties tsіn, for example umova about nadannya nizhok or, navpaki, natsіk on goods or services, scho hope. So, wash up with the rozrahunka zbitkіv owe the blame, protest the stench of the rіdkіsnі and the mechanism for executing the sum of the necessary zbіkіv іstotnogo infusion, do not give a sound.
2.2 Calculation of sbitkіv shlyahovannya on the sum of vіdsotkіv
When presented with a call about the withdrawal of the beaten calls, the callers often complain about the sum of the beats of the strikes, asking at their own station. 395 Central Committee. Є, prote, a number of roses of the Presidium of the Supreme Arbitration Court of the Russian Federation, for which there are no legal grounds for arrahuvannya vіdsotkіv in the sum of zbitkіv.
Shche 1999 one by one, the Presidium of the Supreme Arbitration Court of the Russian Federation, having formulated such a blatant visnovok, looked at him right: for a goal. 25 of the Central Committee for the same law violations cannot be stopped two times in the future. Tsya thesis of repetitions in a number of upcoming roses and clarifications of the Presidium of the Supreme Arbitration Court of the Russian Federation. Vіdpovіdno until roz'yasnennya, scho vіdnositsya until 2003 p., vіdpovіdno until Art. 395 DK vіdsotki koristuvannya strangers pennies є vіdpovіdnіstyu damage penny goiter'yazannya, sumi zbitkіv narahuvannya do not spit.
Analog Kisnoks M_This in Sneithful Divisions of the Russian Federation Wіd 22 Travel 2007: Ishoyanga Kroshotkіv for Krikhtkіv not allowed, osskіlki Vіdsotka, Yak І Buntness, - View of Vіdpovіdalnostі for the guilty of Zobov'yvnnya і on Vizdkіv, so like a forfeit, mayut zalikovy character.
The thesis about the inadmissibility of a plea for one and the same civil law violation of the two calls for legal action, which is formulated by the Presidium of YOU as a matter of fact, without a doubt, that it is fair and legally grounded. However, the light of ceremonial legislation of wines, prote, will require clarification.
First, in a number of violations of the Central Committee and supplementing it, legislation directly transfers zastosuvannya for those same damage to the two approaches to civil and legal viability. An initial butt is a fine, if the charge from it is also incurred by the penalty (clause 1, article 394). Such a sub-military visit in the event of emergency is transferred in case of especially civil and legal violations.
Vipadki zastosuvannya penalty forfeit in orderly legislature neridki. The money is transferred from the Central Committee itself (Article 622), the norms of transport statutes and codes, federal law dated December 13, 1994 “On the supply of products for federal state needs” (Article 5), the Law on the protection of the rights of citizens (Clause 2, Article 13) and other laws, if it is necessary to introduce a suvoroy main line of evidence. The penalty fee may be charged and in the minds of the contract, which is agreed by the parties.
The punitive penalty for the doctrine was not previously mentioned. Prote ninі її zastosuvannya put pіd sumnіv V.F. Yakovlev, who pays a fine forfeit as an anomalous phenomenon, a vestige of a huge legal system that propagates in her mind.
Prote hromadyanske right zavzhdy vrakhovuval under the condition of the main viability of the nature of the admitted violation of law, which promotes the vihovne of the significance of legal regulation. The penalty forfeit is transferred to the bagatma by acts of dignified law, and it is not possible to act as a victor.
In another way, the situations are not about one, but about two lawful violations: payment of acquittals by a borzhnik, or those established by the court, and scribbled in their vodshkoduvanni.
Therefore, the force of stosuvannya at times of subvarieties cannot be overcome by controversy. If the goiter is not paid, the party does not pay off in its own time, and it is sufficient to provide for the contraction of it, as well as the payment for the payment of the outrageous ambushes of civil law (Article 395 of the Central Committee).
Schodo names at Art. 395 DK, as a matter of fact, the courts of the Russian Federation look at the world of civil and legal viability, the lawfulness often allows the contraction of hundreds of thousands of people in the order with the smaller main entry of the civil-legal distance - to the air traffic. Let's guide you to good practice.
A number of such norms are in the Central Committee: paragraph 2 of Art. 73 (goiter of a participant in a general partnership); paragraph 1 of Art. 365 (goiter's yazannya before the guarantor). Particularly ozumіlo so poєdnannya zahodіv vіdpovіdalnostі vіrazhenu n. 2 tbsp. 835, for yakim for disruption of the order, accepting a huge bank deposit may require return of the deposit, paying it vіdsotkіv for art. 395 that money was blown over the amount of money for all the contributors to the contributor. At the names of the vipadkah, there is a need to file a serious civil law violation, if the installation of an advanced main line of evidence is necessary to respect the truth.
The rightfulness of the payment of money from the sum of zbitkiv vіdsotkіv is found out from the Decree of the Plenums of the Legislative Assembly of the Russian Federation and the Supreme Arbitration Court of the Russian Federation dated July 8, 1998. N 13/14 "On the practice of stoking the provisions of the Civil Code of the Russian Federation on the cost of scoring pennies by strangers." In a hundred hundred years of delinquent delinquency, it was clarified that, if the court puts on the bill of obov'yazok to blow the money in pennies to the sum, I was appointed at the decision, when the payment is stitched, the creditor may have the right to get the money on the basis of paragraph 1. 395 of the Central Committee (p. 23).
Bulo would be unreasonable, as if it were a hundred years of negotiation of a negotiated shkoda (zbitkiv) of another pidkhid, but the norms of public law are guilty of slandering and zastosovuvatisya however. There is a lingering thought about those who understand “beating” it is necessary to reconsider in the categories “Skoda” and “beating”, it is not grounded, more in the Central Committee it is agreed that “Skoda” is called “beating” (Article 796), and Art. 1082 about delinquency shkoda directly up to the global norm about the delinquency of hits (Article 15). Otzhe, Skoda and zbitki - tse іnshe oznachennya zagalnoe notion of "zbitka".
For whom it is significant that there is a similar variant of the discussed food in international legal documents, which is to be stoked by Russian enterprises and to encourage modern modern economic practice. Looking back at st. 78 of the Vidensian convention on contracts for the international purchase and sale of goods, as the party allowed the stitching at the payment of the price or the other sum, the other side may have the right to the sum of the stitched sum without shkod
Vinyatkom є Art. 153 KVVT of the Russian Federation, which saves obov'yazok and pays vodsotkіv on zabki, scho vodshkoduyatsya in the order of a serious accident.
Vіdpovіdno to st. 7.4.10 Principle of Mizi International Comert Quits, Dedali Dedalis, Yaksi Visitnaby, in the Neris of Vitzchiznyy Mine Arb_ThRA, Oskіlki is not tempted, it's not necessary to want to taste the Suma Zbitkiv, Scho wiplasts for Nevikanna Neusphannia.
In light of the guidance of the norms of dignified civil legislation of the Russian Federation and the current international practice of the Presidium of the Supreme Arbitration Court of the Russian Federation about those who are behind the goal. 25 of the Central Committee for the same lawful violation cannot be stopped two times, if necessary, it must be clarified. As if earlier the court had awarded the sums of money in a negligent way, the other side has the right to claim for the award of the sum of money for the payment and the cost of other people's coins. So the solution is not to super-sense the goal. 25 of the Central Committee, more directed at the fair defense of the main interests of the injured individual, as if violated by the wrong counterparty.
Later, the spіvvіdshenie razhodіv vіdvіlno-legal vіdpovіdalnostі, vіdpovіdno up to rosіyskomu legislаvіnstі, can be zvedenі to the formula "One pravoporushennya - one mira vіdpovіdalnostі". Looking back at the diversity of market links and civil law enforcement, the regulation of this galusi is folded, which shows the peculiarities of the other groups of main vents. It is not necessary to protect the hour of the end of the government's disputes.
Visnovok
In civil law, a part of the legal norms is overridden for normal sustainable and economic development. Ale pevna sukupnіst juridical rules varta vipadkіv vіdkhilennya vіd zakonіrії tendentsii і suspіlny rozvitkovі. Otzhe, some legal norms are zoomed in by the normal development of vіdnosin, and inshі - by fluctuations in their poroshen. In civil law, it is more important than the norms about the blowing of beats, the creation for the restoration of the lane of the injured individual.
Vіdpovіdno up to paragraph 2 of Art. 15 of the DC of the Russian Federation, under the beats, there are witrati, like a person whose right has been violated, has done, or may have done for the restoration of the broken right, the cost or the cost of yoga maina (the real beat), and also the neotrimani income, like the person has taken away for the great minds of the civilization Yakbi yogo right was not broken (vigoda was missed).
I spent the money on a real money that I spent the benefit of showing the difference in showing the money as the main money. For the first one, it is really advancing (physical) to spend in the mines, for the other - to spend in the absence of an unrequited capitalization of the mine income, as they could and could be taken away with the due violation of the norms of civil law. Vіdpovіdno є і kolo tih evidence, yakі may represent a person, yak require vіdshkoduvannya zbitkіv.
Have your own heart, real beats, zgіdno z p. 2 tbsp. 15 of the Central Committee, including the clashes of two types: spending money on the restoration of a broken right, that waste or a waste of time. Tsei podіl also reflects the realities of the main costs, which they blame: for the first time, they were vitrati, they caused a violation of the broken right (repair, granting a substitute, receiving the third osіb toshcho), for the other, the renewal of the right is shown to be impossible, but vindicating the broken law Spend may be compensated for penny form.
Abstract hits - sposіb sposіb sposіb sposіb sposіb izbіbnіnі zbіtkіv for ty vipadkіv, if the goods, shcho є the subject of the contract, broken by the borzhnik, may be exchanged or other market price. In this case, the difference between the negotiated and market prices and to set up, the expansion of which does not require bringing
When presented, it was possible for the withdrawal of sbitkiv, zapodiyanih law enforcement, the basis of their deduction is the price of the tariff, which is due to the injured party. This important situation is clearly expressed in a number of norms of the Central Committee (Articles 393 and 424) and more often in the Timchas Methodology for the appointment of battles in 1990. Vіdpovіdno up to this document, the spread of zbitkіv (zbіtkіv) is secured on the basis of the norms, standards, prices, tariffs and other normative and technical documents established by the established procedure and applicable to the injured party. Vitrati, scho to change the assigned norms, prices, tariffs, do not inflate the air.
List of victorious literature
Regulatory legal acts
The Constitution of the Russian Federation (adopted by a popular vote on 12.12.1993) (with amendments introduced by the laws of the Russian Federation on amendments to the Constitution of the Russian Federation of December 30, 2008 No. 6-FKZ, of December 30, 2008 No. 7-FKZ) / / Russia, 20 September 2008 No. 7.
Civil Code of the Russian Federation (part of the Persian) dated November 30, 1994 N 51-FZ (as amended on March 01, 2013) // Russian Newspaper, N 238-239, 12/08/1994.
Civil Code of the Russian Federation (part of a friend) dated 01/26/1996 N 14-FZ (as amended dated 04/01/2013) / / "Russian newspaper", N 23, 02/06/1996, N 24, 02/07/1996, N 25. 1996, No. 27, 10.02.1996.
Family Code of the Russian Federation dated December 29, 1995 N 223-FZ (as amended on September 1, 2012) / / Russian Newspaper, N 17, January 27, 1996.
Arbitration Procedural Code of the Russian Federation, dated July 24, 2002, N 95-FZ (as amended, dated December 30, 2012) / / Russian Newspaper, N 137, July 27, 2002
Federal Law No. 208-FZ of December 26, 1995, “On Joint Stock Partnerships” (as amended on April 5, 2013)// Russian Newspaper, No. 248, December 29, 1995
Decree to the Plenum of the Supreme Court of the Russian Federation dated July 8, 1998 N 13 // Bulletin of the Supreme Arbitration Court of the Russian Federation. 1998. No. 11
Timchasova’s method of signing the expansion of shkodi (zbitkiv), zapodiyanoi violating state contracts (addition to the List of the Ceremonial Trade of the SRSR dated December 28, 1990 N C-12 / HA-225) / / “Bulletin of normative acts of ministries and departments of the SRSR”, N 8
Special literature
Bogdanova E.Y. Problems of air blowing zbitkiv / / Modern law. 2005. N 9
Braginsky M.I., Vitryansky V.V. Contract right. Agree on the transfer of lane. 4th view., stereotypical. M: Statute, 2002. Book. 2. 800 s.
Vaskin V.V. Vіdshkoduvannya real ї shkodity and vtrachenoy ї vgodi // Gospodarstvo pravo. 2010. N 3.
Volkov O.V. Vіdshkoduvannya zbitkіv іz tsivіlnogo prava Rosії // UPS Consultant Plus. 2008.
Gavrilov Y. What can be beaten intangible? // Ezh-Lawyer. 2010. No. 42.
Civil right. Zagalna chastina: Podruchnik: U 4 volumes / Ed. E.A. Sukhanov. M., 2011. T. 1.
Civil law: navch.: in 3 vols. T. 1 / ЄН. Abramova, N.M. Averchenko, Yu.V. Baigusheva [ta in]; for red. A.P. Sergiev. - M: "RG-Press", 2010.
Tsivіlne pravo: Pіdruchnik / For red. A.P. Sergeeva, Yu.K. Tolstoy. Part II. M., 2009.
Civil law: assistant: in 3 volumes / I.A. Andreev, I.Z. Ayusheeva, A.S. Vasiliev and I; for red. S.A. Stepanova. M: Prospect; Yekaterinburg: Institute of Private Law, 2011. Vol. 2. 712 p.
Dobrachov D.V. Development of the Institute of Vidshkoduvannya zbitkiv in the light of modernization of Russian civil law: a scientific and practical guide. Moscow: Yustitsinform, 2012. 224 p.
Dobrachov D.V. Lost profit at the warehouse of corn // Lawyer, 2009, N 9
Dobrovinska O.V. Obmezhennya obyagu vіdskodovanyh zbitkіv at tsivіlnomu prіvі Russian Federation. M: Infotropic Media, 2012. 160 p.
Evtєєv V.S. Vіdshkoduvannya zbitkіv as a kind of vіdpovіdalnosti in commercial activities. M., 2009.
Egorov A.V. Vtrachena vigoda: problems of theory and practice // Conflicts and practice of their findings: Collection of articles / Vidp. ed. M.A. Rozhkov. M., 2009.
Zvereva E.A. Vіdpovіdalnіst pіdpriєmtsya porushennya umov contract // Pravo ta ekonomika. 2009. No. 2.
Information sheet of the Supreme Arbitration Court of the Russian Federation dated 13 September 2004 N 81 “Overview of the practice of arbitrage courts arbitrating the Code of Merchant Shipping of the Russian Federation” (p. 2) / / Bulletin of the Supreme Arbitration Court of the Russian Federation. 2004. N 10. S. 92 - 93.
The slanderous form of compliance with contractual goiters is the extermination of stings. Behind the savage rule, be like a broken goiter, pull the bandages behind you, blow the pods of the cim of the beat (paragraph 1, p. 364 of the Central Committee).
The concept of “beating”, which is used by civil law, is despoiled by a similar concept, how economic science operates and real government practice. Conflicts, as an economic category, are unnecessarily blamed on the results of law enforcement, as well as the role of the category of legal controversy - negative consequences in the main sphere of the victim, which are blamed for wrongful behavior.
There are two kinds of wedges in one’s line: “real wedges” and “wasted profit”.
Real Battakes include Vitratti, Yakі Leav Praying Abo Waiden Budge Riogi for Vidnounced Assigned Law (Rights, Printsuisa to Zherigannnya І Little Truckovoyuvynya Niyakіsnoї), And Torozh Satuzhennaya Maja (Filter, Zinczymes Products, Scho Schvidko SHEYS ).
On the vіdmіnu vіd real zbіtkіv scho prizmenenya to izmenshennya production line of the creditor, vtrachena vygoda polagaє in unobtained by the creditor tih incomes, yakі vіn mig bi otrimati for the greatest minds of the civil turnover, yakbi yogo the right was not violated. Vtrachena vygoda pov'yazana s transfer of income, to bring the reality of such is not easy.
For the purpose of investigating the investigation of the heads of the sbitk, it is necessary to submit pertinent evidence. At pіdpriєmnitskih vіdnosinah such evidence є acti priymannya delivered goods, acti ekspertizi otsіnki admitted inaccuracies, calculation of vikonannya repair, documents about vitrati zі zberіgannya toshcho. To assess the rozmіru zavdanih zbitkіv court mozhe buti recognized expertise. Particularly foldable - bringing the lost profit, tk. only possible squabbles. The main rules and criteria for evaluating the beats are set in paragraphs 3.4 of Article 364 of the Central Committee.
Rozmir zbitkіv the great world to lie down in the first place, like prices laid the basis of their calculation. Therefore, the rule of paragraph 3 of Article 364 of the Central Committee is important, since it is necessary to protect the time and the territorial price in the minds of the market and to orient the borzhnik on voluntary satisfaction and the creditor. Vidpovidno up to a new amount of money is taken to the respect of the price, which at that mischief, de goiter may be buti vikonan on the day of voluntary satisfaction with the helper of the lender, and as if voluntarily satisfied with the buv - on the day of the presentation I will call. Take care of the situation, the court can be pleased with the help of the court when it is beaten, taking to the respect of the price that is based on the day of judgment.
Behind the banal rule, I’m contracting it like a “real churn”, and “a missed opportunity” (the principle of full civil and legal validity (clause 1, article 14 of the Central Committee)). Prote, vrakhovuyuchi specifics okremih vidіv zobov'yazan, the legislator can obmezhite declaration about povne vіdshkoduvannya zbitkіv (Article 371 of the Central Committee). With this vicory, the following methods are used for the fumigation of viability:
the imposition of a vinous forfeit (for example, the vinous nature of the forfeits transferred by the Statute of the Road Transport of the Republic of Belarus, vyplyvaє іz Art. 152 of the Statute); exchange between the world in terms of real shkoda, or as a part of it (for example, the dependency of the parties behind the energy supply agreement is obscured by real shkoda, clause 1 of article 518 of the Central Committee).
The exchange of sbitkiv, which makes it possible for the air to be blown, is possible and for the good of the parties. On the other hand, the sides go to the point of establishing squabbles with a solid penny sum, the advantage of some poles at the possibility of their contraction, while bringing only the suspense, but not their understanding. Zbitki, scho to transfer the installed sum, do not blow the air.
When snapped into the contracts of the riv'nі enemy of Economvati, Zgіdpov, Zag. Art.371 of the Central Committee, Zgіddalnostі Borzhnik, Zgіdpovіdalnostі Borzhnik, for the contract, at the contract of the ABO, I am a lender, Yak South for what kind of goiter is yazan, or for a given destruction, it is prescribed by law. Particularly the fence for underestimation of the resistance for goiter and transportation is located at st.747 of the Central Committee.
