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the purposes and problems of dissertational research.

the purpose of dissertational research is complex consideration and the analysis of the legal nature of the isolated disputes in affairs about bankruptcy, their places in arbitral procedure system. Research objective is also development of offers on legislation perfection in this sphere of legal relations.
For achievement of objects in view following problems are formulated and carried out: - the legal nature of the isolated disputes is analysed; - the place of the isolated disputes in arbitral procedure is defined; - the concept of the isolated dispute is given, its essential signs are revealed; - remedial features of consideration of the isolated disputes are formulated; - existing problems of legal regulation of institute of the isolated disputes are revealed; - offers on development of optimum standard models of behaviour of participants of the isolated disputes are formulated. The methodological basis of research is constituted by general scientific dialectic methods of knowledge: the analysis, synthesis, an is formal-logic method, etc. Along with general scientific methods of knowledge were applied private-scientific methods: legallistic, historical, linguistic, sistemnopravovoj. As theoretical basis of the dissertation works of scientists have served in sphere of the general theory of law, civil and arbitral procedure, civil law, such as: G.O.Abolonin, D.B.Abushenko, S.S.Alexey, O.V.Baulin, A. M.Bezrukov, U.Bernam, A.H. G olmsten, M. And. G urvich, A.A.Dobrovolsky, N.B.Zejder, S.A.Karelin, M.I.Kleandrov, A.F.Klejnman, K.I. Commissioners, D.J.Maleshin, JU.K.Osipov, G.L.Osokin, I.V.Reshetnikova, E.N.Serditova, M.L.Skuratovsky, I.N.Tarasov, E.E.Uksusova, N.A.Chechina, D.M.Chechot, B. M.Sherstjuk, G.F.Shershenevich, V.N.ShCheglov, K.S.Judelson, V.F.Jakovlev, V.V. Jarkov and others. Scientific novelty and the practical importance of research. Value and novelty of work consists that this first complex and full-scale research of the isolated disputes as the phenomena of a remedial matter. The isolated disputes yet did not act as an independent and self-sufficient subject of separate scientific judgement. Results of the given research can be used in a science of the Russian civil remedial and arbitration law of procedure; for perfection legislative and pravoprimenitelnoj activity; in teaching of remedial subject matters; in the further working out of a problematics of the isolated disputes. The positions which are taken out on protection carried out research has allowed to formulate and prove the following substantive provisions which are taken out on protection: 1. The author the understanding of the isolated disputes in business about an inconsistency (bankruptcy) as difficult phenomenon is offered. The approach according to which in business about an inconsistency there is the basic remedial legal relation which object - the permission court of a question on an inconsistency of the debtor, from a stage of commencing a suit before removal of the finishing judicial certificate, and additional (thus facultative) remedial legal relations (the isolated disputes) is proved. In manufacture on affairs about bankruptcy juridical facts as a part of the basic remedial legal relation become conditions for occurrence separate concerning independent legal relations. Return correlation is given reason also: consideration of the isolated dispute influences change and as a whole dynamics of the basic remedial legal relation.
2. For the first time in dissertational research in the Russian doctrine the concept of the isolated dispute is formulated. The isolated dispute is the facultative civil case demanding the resolution of dispute about the right, having mutual legal communication with remedial legal relation on settlement of an inconsistency of the debtor, in which with participation of the circle of subjects defined by the law (participants of business about bankruptcy) the independent ultimate fact is established. The concept is formulated as a result of allocation and association of following signs of the isolated disputes: - the Isolated dispute is a business, in which process the permission court of dispute on the right is meant. This sign distinguishes the isolated dispute from other remedial questions connected with a civil case. - legal communication of the isolated dispute with the basic disputable legal relation considered within the limits of cases about bankruptcy. It means presence of the independent business (dispute) requiring the judicial permission, but inseparably linked with business about bankruptcy on the bases of occurrence of dispute, the persons participating in business, jurisdiction and jurisdiction, material and remedial consequences. The specified communication is shown in two aspects. First, without business about bankruptcy (initiated or ceased) there can not be an isolated dispute as for this purpose there are no legal facts-conditions. The isolated disputes as remedial legal relations arise only in the presence of the basic legal relation on requirement consideration about a recognition of the debtor the bankrupt. In this sign difference of the isolated dispute from other derivative and interconnected lawsuits with participation of the same subject (for example, contest of the transaction and the debt collection on it) is concluded. Secondly, awarding judgement on the isolated dispute influences consideration of the basic dispute on settlement of an inconsistency of the debtor (forms the collation of the debtor and volume of requirements, orders management of inconsistency process). - Facultative character of the isolated dispute, that is its occurrence and the permission it is not obligatory for a legal investigation about bankruptcy as a whole. - the special subject structure of the isolated dispute not always coinciding with structure of participants of the basic remedial legal relation. Participation of some subjects in business about bankruptcy is possible only at occurrence of the isolated dispute. - presence of the separate ultimate fact and the various standard of the proving which is not coinciding with the ultimate fact on business about an establishment of an inconsistency of the debtor. 3. In the dissertation the specified classification of the persons participating in isolated disputes on business about bankruptcy is offered. As criterion of such classification character of legal interest in business about bankruptcy and the isolated disputes acts: - the debtor and the persons connected with it; - creditors and the persons connected with them; - the persons providing arbitration management; - other participants of the isolated disputes. This classification is used in questions of application of standards of proving on the isolated disputes. In case of dispute between external creditors (those who has no affilirovannosti with the debtor) and so-called creditors-insajderami (affilirovannymi or for other reasons having access to the information on a condition of the debtor), to circumstances to which the last refer, the raised standard of proving should be applied, that becomes an exception of a principle of the equal relation to creditors (par condicio creditorum), known still to the Roman Law. 4. The author reveals the principles peculiar to institute of consideration of isolated disputes. It is a principle of remedial activity of court and a principle of a priority of the competence of the court considering case about bankruptcy. The principle of remedial activity is used for protection of the rights of creditors. Diligent creditors should use a most favoured nation treatment at application of legal protection frames in business about bankruptcy and in the isolated disputes. This mode is shown in redistribution of the onus of proving on the isolated dispute, in assistance from the party of court regarding reclamation of proofs, examination appointment under own initiative. The principle of a priority of the competence reflects necessity of concentration of all legal affairs mentioning the rights and duties of the debtor in property sphere, within the limits of manufacture on business about bankruptcy. It is connected with the following: - necessity of protection of the rights of creditors, on the rights and which duty the resolution of dispute with participation of the debtor can affect; - Necessity of protection of the rights of the debtor and unobstructed representation of its interests by arbitration managing director; - presence of the special remedial form for consideration of the isolated disputes which is provided within the limits of arbitral procedure. 5. In the dissertation it is proved, that the court considering case about bankruptcy, at an establishment of requirements of the creditor based on judicial certificates who has entered validity about an establishment of property obligations of the debtor, taken out in the adversary proceeding, should check repeatedly their validity and it is not connected by validity of such decisions. Objections of the persons participating in business about bankruptcy, against such requirement can be shown only in business about bankruptcy and should be considered and considered court in essence. Objections of the persons participating in business about bankruptcy, are not accepted by the court considering the requirement of the creditor in the adversary proceeding. 6. The author formulates remedial features of consideration isolated disputeov. Application in the isolated disputes of the various standard of proving to circumstances to which the claimant and the respondent refers, depending on a category of such dispute is proved. Necessity of redistribution of the onus of proving by means of legal presumptions is proved. 7 8 remedial order. Owing to express indication in the law (irrespective of other conditions) validity of judicial certificates on all isolated disputes on an establishment of requirements of creditors is excluded. For judicial certificates on disputes on contest of transactions of the debtor and on collecting of losses (disputes on bankrupt's estate filling) an order of an exception of validity other - as revision under new facts (with observance of the conditions checked by court). If preservation of the judicial certificate is necessary for protection of the rights of the subjects having not only creditor interest (participants, shareholders of the debtor, the counterpart of the debtor under the transaction) the judicial certificate is not reviewed. If removal of the judicial certificate has been connected exclusively with protection of the rights of creditors under condition of an inconsistency of the debtor, the judicial certificate can be reviewed at the initiative of interested persons. 9. The author on an example of the isolated disputes proves necessity of motivation of judicial certificates. It is necessary for maintenance to subjects of arbitral procedure of realisation of all complex of the laws of procedure given to it. Thereby in the isolated disputes are guaranteed effective objection against unreasonable competing requirements, a true estimation of prospects of impeachment of supervising persons, transparentnost standards of evidentiary activity and possibility of enforcement of judicial certificates in foreign jurisdictions. The theoretical and practical importance of research. Value and novelty of work consists that this first complex research of the isolated disputes in a science of the law of procedure. Results of the given research can be used in a science of the Russian civil remedial and arbitration law of procedure for perfection legislative and pravoprimenitelnoj activity, in teaching and in the further working out of a problematics of the isolated disputes. Degree of reliability and approbation of results of research. The dissertation is executed and discussed on chair of civil procedure of the Ural state legal university, it has passed reviewing and has been recommended to protection. Reliability of positions of dissertational research is based on the analysis of regulatory legal acts, interpretatsionnyh certificates, official data (statistics, reports), being in open access judicial and pravoprimenitelnoj experts, studying of works of scientists. Dissertation substantive provisions, conclusions and offers on current legislation perfection are stated by the author in a number of scientific publications. Separate aspects of the problems mentioned in the dissertation were shined with the author within the limits of conferences and round tables. Results of dissertational research are used by the author of dissertation in teaching activity for students UrGJUU and practising lawyers, and also in practice of law. The dissertation structure is defined by a subject, the purposes and research problems, necessity of a logic arrangement of a material. The dissertation consists of the introduction, two heads including eight paragraphs, the conclusions and the bibliographic list.
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A source: Podolsky Yuri Dmitrievich. ISOLATED DISPUTES In AFFAIRS About the INCONSISTENCY (BANKRUPTCY). 2018

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