Review of judicial practice on loan agreements
The Supreme Court of the Russian Federation conducted a fundamental study on civil relations in the field of eliminating controversial precedents under loan agreements. There is a persistent trend of increasing disputes in civil cases, the grounds for which are failure to fulfill obligations under loan agreements.
Civil disputes under loan agreements are subject to the following requirements:
- collect debt from the guarantor, borrower under loan agreements;
- recover property under loan agreements;
- recognize the invalidity of certain clauses under loan agreements;
- cancel the pledge, guarantee under loan agreements.
An analysis of the activities of the court in civil cases purposefully studies the practical possibilities of legislative standards on civil issues regulating the relationships between banking structures, credit organizations, and individuals. Allows you to draw an objective picture of legal proceedings in civil claims relating to non-fulfillment of agreements under loan agreements.
The decision was overturned, the client was acquitted
The judicial panel for criminal cases of the Khanty-Mansiysk Autonomous Okrug issued an acquittal in the case of Ivan Estrich, accused of indecent assault. He left the building of the Palace of Justice as a free man with the right to further rehabilitation. Judicial practice in criminal cases in our country has developed in such a way that the vast majority of decisions have an accusatory bias. And the cases when a defendant who received a real sentence is soon acquitted can be counted on one hand.
“Judges usually “override” the decision of the previous instance. The sentence is only slightly adjusted, softening or, conversely, making the punishment more severe. Having heard the guilty verdict in the Yugorsky District Court, the relatives decided to contact our legal center, hoping for help in a difficult criminal case. Having presented our appeal, pointing out that the defendant’s actions did not constitute a crime, and also drawing attention to numerous violations of the Code of Criminal Procedure of the Russian Federation, we demanded that the verdict of the first instance court be canceled,” says criminal lawyer Vadim Kutikov.
The crux of the matter: Ivan Estrich, suffering from alcohol addiction, went on another binge. In a state of intoxication, he walked alone along the streets of the city of Yugorsk. On a hot summer day on July 20, 2021, the thermometer froze at +30. The man relieved himself in the nearby bushes and, without realizing his actions, decided that he did not need shorts in such heat, and the walk could be continued without them.
“On his way, he accidentally met some teenagers who, seeing a man in a negligee, told their parents about it. They reported to the police, and Estrich was detained. He was brought to administrative responsibility for being intoxicated in a public place, and then a completely illegal criminal case was opened under Part 3 of Article 135 of the Criminal Code of the Russian Federation “Depraved acts,” explains criminal lawyer Vadim Kutikov.
According to the defense, Estrich, being in a state of pathological intoxication, did not perform any actions that would be aimed at satisfying his sexual attraction to minors. For obvious reasons, he also could not cause sexual arousal, which implies a crime under Part 3 of Article 135 of the Criminal Code of the Russian Federation. The man was arrested and sent to jail. As a result, the court of first instance found him guilty, imposing a sentence of six years in prison to be served in a maximum security colony.
“The appeal overturned the decision of the first instance court and issued an acquittal due to the lack of corpus delicti in the defendant’s actions and recognized his right to rehabilitation. The appellate court, we must give it its due, fully satisfied the demands of the defense, overturning the illegal verdict,” sums up criminal lawyer Vadim Kutikov.
Review of judicial practice in civil cases
Today, the legislation of the Russian Federation operates within the framework of the traditional legislative system in civil matters. It establishes the law as the fundamental basis by which all controversial issues in civil cases are resolved.
The European alternative to decisions on civil legal issues (civil cases) is represented by the Anglo-Saxon system of civil relations. Rulings of the RF Supreme Court in civil cases are based on precedents.
The classical system of lawmaking on civil issues is indifferent to precedents in civil cases. However, the legislation of the Russian Federation on civil relations takes into account data from judicial practice in civil cases. There is a modern classification of judicial practice in civil matters:
- resolutions of the Supreme Court of the Russian Federation, which are based on the interpretation of certain standards in civil cases;
- generalization of decisions of the RF Supreme Court in civil cases.
- a full range of court verdicts in civil cases.
A review of judicial practice in civil cases is a convenient analytical tool for using legal norms in civil relations. It allows you to systematize the activities of the court in civil cases and analyze decisions in civil cases.
Traditionally, the following types of generalization in civil cases are distinguished:
- The official synthesis of information on civil disputes is a centralized activity that takes into account court verdicts in civil cases.
- Particular generalization of information on civil disputes - often a specialist in the field of jurisprudence in civil cases has to turn to court verdicts rendered in civil cases that have much in common.
Generalization in exceptional civil cases that have not received resonance is of particular importance. If the circumstances in civil and criminal cases have much in common, the court’s verdict is based on collegial experience in resolving issues in civil cases.
Repeated issuance of identical verdicts in civil cases allows them to be officially enshrined in the Resolutions of the Plenum of the Armed Forces of the Russian Federation. Judicial Analysis documents how to apply the law in civil proceedings. The verdict of the court in civil cases takes into account the decisions in civil cases made earlier.
Civil relations are given close attention by specialists in the field of civil courts. Litigation resolves disputes in civil suits (civil cases), especially often. Analysis of trials in civil cases (civil claims) is the evidence base that the material, property component, failure to fulfill the conditions of loan agreements becomes a controversial issue in civil cases.
Analysis of judicial statistics allows a specialist in civil law to see the future, build a defensive strategy, and carry out confident tactics in civil cases. Experienced civil litigators understand that civil litigation, even within the same court, often results in identical verdicts in similar civil cases. Statistics on civil relations help to calculate the verdict on civil claims and prepare the optimal defense strategy in civil trials.
Review of judicial practice in criminal cases
This section presents court decisions made in accordance with the Criminal Code of the Russian Federation:
- criminal cases of fraud;
- crimes of theft, robbery;
- cases of imposing criminal liability for persons under the age of majority;
- crimes of libel;
- cases of arbitrariness;
- crimes of battery,
- crimes of abuse of power, commercial bribery;
- other crimes.
Judicial practice in criminal and civil cases is taken into account when developing laws and amendments to them. In the legislation of the Russian Federation, a review of court decisions in civil cases is not mandatory, so its application in the field of resolving issues in civil cases should be treated with a grain of salt.
Review of judicial practice of the Supreme Court of the Russian Federation
In the second edition of the Review of the Practice of the Supreme Court of the Russian Federation for the current year, all legal areas of civil relations are collected:
- disputes on civil issues. The category of disputes in civil claims is particularly highlighted due to the large number of such cases;
- disputes under loan agreements;
- on labor, housing, departmental matters;
- social, family legal violations;
- on tax, customs, civil crimes;
- criminal, procedural disputes;
- global practice, including in civil proceedings.
Each legal branch under consideration reflects the position of the court in civil and criminal cases related to refusal to fulfill obligations under loan agreements. An analysis of the judicial practice developed by the Supreme Court in civil cases provides illustrative examples that are the starting point in making court decisions in civil cases related to failure to fulfill obligations under loan agreements.
