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Article 433. The Moment of the Conclusion of the Contract

The contract shall be recognized as concluded at the moment, when the person, who has forwarded the offer, has obtained its acceptance. 
2. If in conformity with the law, the transfer of the property is also required for the conclusion of the contract, it shall be regarded as concluded from the moment of the transfer of the corresponding property (Article 224). 
3. The contract, subject to the state registration, shall be regarded as concluded from the moment of its registration, unless otherwise stipulated by the law.

 

15. Courts in the Russian Federation.

The judicial system of the Russian Federation is made up of several types of courts: the Constitutional Court, civil courts (or “courts of general jurisdiction”), “arbitrazh” courts, justices of the peace, and military tribunals. The principal law governing the fundamental principles of the Russian court system is the 1996 Federal Constitutional Law "On the Judicial System of the Russian Federation." Parties may also agree to submit their commercial disputes to arbitration tribunals. Under Russian law, foreign individuals and legal entities enjoy the same rights to sue and be sued in Russian courts as Russian individuals and companies. Which court has jurisdiction over a particular dispute depends mainly upon the nature of the dispute and applicable Russian legislation. As a general rule, economic and commercial disputes among legal entities and/or individual entrepreneurs, foreign or Russian, are considered by arbitrazh courts, and non-commercial disputes among individuals and legal entities by civil courts.

 

The Constitutional Court of the Russian Federation

The Constitutional Court of the Russian Federation is a high court which is empowered to rule on whether or not certain laws or presidential decrees are in fact contrary to the Constitution of Russia. Its objective is only to protect the Constitution (in Russian constitutional law this function is known as "constitutional control" or "constitutional supervision") and deal with a few kinds of disputes where it has original jurisdiction, whereas the highest appellate court is the Supreme Court of the Russian Federation

The Constitutional Court declares laws, presidential and governmental decrees and laws of federal subjects unconstitutional if it finds that they are contrary to the Constitution (i.e. they violate certain rights and freedoms of citizens enumerated in and protected by the Constitution)

Another power of the Constitutional Court is to resolve disputes concerning competence of governmental agencies. Whenever the President of Russia is impeached, the Constitutional Court renders a resolution concerning complying with the due order of indictment.

The Constitutional Court deals with cases either in chambers or in plenary sessions. All judges must be present unless he or she is sick or may have interest in the case and must not abstain from voting on the resolution.

 


Date: 2015-12-24; view: 868


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