Klimov filed a statement of claim (2010)

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Objective 1



Klimov filed a lawsuit to recover from the enterprise value of preferred shares acquired by it from the defendant.

The judge refused to accept the claim, saying that the decision of the arbitration court the defendant was declared insolvent (bankrupt) and, therefore, is insolvent.

Evaluate the actions of judges.

What grounds for denial of the claim.

What are the consequences of refusing to accept the claim?


Task 2


The subject of the Russian Federation adopted the law "On Magistrates". A citizen complained to the court that the law, stating that the civil procedural law is the exclusive jurisdiction of the Russian Federation. In this connection, when adopting this law, the regional authority has exceeded its powers. In addition, the publication of this regulation puts magistrates dependent on regional authorities, which is contrary to the principles of the administration of justice.

Whether the reasons are lawful application of the citizen.


Objective 3


Tyumen Customs May 15, 2004 filed a citizen Ovesyanu CM., Living in the city of Yekaterinburg, the demand for the recovery of customs duties in the amount of 172,463 rubles.

Having received no response from the debtor, the judge 3 October 2000 without trial issue a writ for which the said amount from the Ovesyana collected and transferred to the account of customs in Tyumen Tyumen branch "Neftekhimbank" at RCC MFIs Central District of Tyumen.

At the same time the debtor charged stamp duty in state revenue in the amount of 8632 rubles.

Ovesyan CM. He appealed the court order in the Sverdlovsk regional court of cassation.

Specify procedural errors.

Make a court order.


Task 4


The court ruled the eviction Nefedova with all the members of his family occupied the apartment without providing other living space. The defendant agreed with this decision, and his wife brought the appeal. The judge explained to her that she was not the person involved in the case and therefore does not have the right to appeal.

Do you agree with the decision?
Помните, что любая готовая работа нуждается в доработке и не может быть использована как конечный продукт.