Does the lessor have the right to the lessee's right of way in case of foreclosure? The morning of the landlord's relationship with the negotiator is legal? When the landlord takes care of the landlord

The landlord is not obliged to pay rent payments and other payments related to the payment of expenses.

Food: in what cases will the landlord’s use of the landlord’s speech be legal and not cause violation of the criminal law under Article 330 of the Code of the Russian Federation (self-righteousness)? Does the landlord have the right to take the landlord’s words for storage in another place?

Subject:

In all fits, if lease agreement, the removal of the landlord’s speeches or their removal by the landlord from the premises that are being rented, or the making of other changes in access to the landlord’s speeches (for example, changing locks to block access to the premises) will be illegal. Apparently such actions will take revenge signs of a warehouse of criminal self-government.

Let's take a look at the options

1. Attached to the lease agreement, the transfer deed is signed

The terms of the rental agreement have passed, in which case the rental agreement should not be forgotten about its prolongation, but rather, the lessor has informed the provisions of the term that it is not necessary to continue the agreement on the same term, or the parties have agreed to terminate agreement. Upon which an act of acceptance of the transfer of the property from the lessor to the lessor was signed. The orendar himself has been deprived of his position (having died, he has no knowledge of his activity). Ale at the place the ordinator's speech will be deprived.

And here, through those that Volodinya by the landlord to the premises is legal (signing the transfer deed), then the Volodinya with speeches is also legal. The declaration about the loss of power, as well as the declaration about the exportation of speeches with an agreement to preserve them in another place, is at fault. Signs of self-confidence - daily.

2. The lease has been assigned, the lease has been deprived of the assignment, but the transfer deed has not been signed

Then, since the term orendar has passed, the orendar has been deprived of its place, deprived of speech, the diminution of these speeches legitimate It is certainly legal for them to be taken to another place for safekeeping.

In this case, create the trace like this:

write down the act of receiving the transfer of the mine, which is in the possession, unilaterally, in which to describe all the mine (name, brand, quantity, characteristics, evidence of damage, ripples, abrasions, etc.)
fold the sheet and direct it, we recommend the sheet orendaryu. The layout of the sheet is approximately as follows: “in connection with the deeds, you have returned the object of the lease... (placement No. ... address...) ... the date the lessor has accepted the object of the lease unilaterally in accordance with the terms of the deed of agreement; It’s important that the owner… (this way) is described and will be required by the lessor until the debt under the Agreement under Articles 329, 359 of the Civil Code of the Russian Federation is paid off.”

3. The assignment of the lease after the termination of the term of the agreement, after which the lease continues to be used for placement

Yakshto term orendi bypass, and orendar continues to favor the placements(if it does not exist, there is activity there, etc.), then being caught up in speeches that being there will be illegal and such actions may be completely qualified as criminal self-destruction Nya. This is the time to make calls about the gallows.

4. The court’s decision on the termination of the contract

First of all, in this case, the decision of the court may have legal force. If the decision has not gained decency - the agreement is valid, the hijacking of speeches is illegal - self-generating bath.

In another way, as it has already been established that the leaseholder continues to prosecute the deputies to inform the court about the termination of the lease agreement, which has come into force, then the arrest of his speeches in a manner that will be illegal (obviously , - self-propelled signs), fragments of Volodinya to the placements and speeches that are found there, without appending the order. In this case, the right way to defend the right is to call about the hanging (I’ll guess that the hanging is a special place for the people who are there. both of their speeches)

The credibility of the witness in the broken criminal record under Art. 330 CC RF

Take one one about those who have been off by Yakscho Dogovir Orti, without drinking, Ale Orendodavets, by reckoning, far from the head of the grain of the grown of the criminal missing the warehouse of the crush, which was revengrated by Statteu 330 of the Civil Code of the Russian Federation. Most often, law enforcement authorities, who are in charge of broken criminal law, indicate to the decision that there is a super-secret of subjects of the government and this super-secret is advancing the process of civil justice, and not criminal.

Viroku butt for art. 330 CC RF

As a rule for the arbitrary actions of the landlord, which visa of the landlord can be imposed by the Decree of the Kaluz Regional Court dated September 13, 2014. We deeply appreciate that this document has established that not only the accounting documentation was exported from the premises that are being rented, ale most of this mine was spent. The court ordered:

"This is a real Skoda, S.’s imprisonment, due to the violation of the legal rights and interests of the victim, which was the ability to settle and arrange has been reduced with her lane, a part of this bool is significant for her spent, as well as engage in business activities.

Most of the rent payments will be made not only on the contractual aspect, but on trust, so the validity of any type of lease is not the most common phenomenon, but still has the right to be paid. Most often, the lost time is saved for extreme needs, if the landlord runs out of patience before the tenant breaks the agreement.

In this regard

How to manage the orendar's lane

Tired speeches - there is no peace on the side of the creditor, the essence of which is that the material assets of the owner are either taken away for non-payment (for the repayment schedule), or by additional payment and will be turned back after payment of all the amounts borrowed i.

The renting process of the owner is allowed and is regulated by the Civil Code of the Russian Federation, and is carried out on legal grounds. Insanely, the lost values may be indicative of the extent of the debt that belongs to the buyer.

It was already obvious that the wasted material benefits could be realized if the hirer of the inviolability did not pay for the Borg. Once everything has been done legally, the landlord can confirm two points:

The agreement on the document must be notarized and signed for all parties (if the notary does not certify the document, and the speech will be deleted, then such actions can be classified as misappropriation);
Rinkov's varity of a washed-up mynah may closely resemble the amount of the borg (if in the process of realizing the power of the owner, the mine will be sold at a price that outweighs the size of the borg, then this fact can be seen as swindling).

Washing mechanism

Well, the mechanism of the morning mine lies in the offensive:

If there were no actions, then the landlord with a calm soul can sell it to the repayment bank.

There is no such thing as a situation where it is impossible to carry out the procedure of removing energy. Such applications include:

The waterfalls from the orendi lay down at the sleepy form;
the term of the orenda, the terms of the contract, without passing;
the text of the contract is blocked by the description of the lane of the borzhnik navіt at the time of zaborgovanostі;
the act of morning bulo folded with mercy chi superechit the established pupil;
the creditor forgot to inform the debtor about the drafting of the act

Illegality and violation of legal norms

All processes related to the transfer of fees for rent must be confirmed by any payment document, and there is no need for fraud either on the part of the renter or the landlord. If, in the current unprepared payment for the rent, you can prove the fact of payment under the contract (checks, bank statements, etc.), then if payments are due for preparation, this will greatly advance all the risks. Therefore, when carrying out the morning procedure, it is necessary to strictly adhere to the letter of the law.

If the landlord has forfeited the main, having violated the most important points, then we talk about the illegally appropriated main and self-righteousness, which carries with it an attraction to the level of certainty and a low sanction:

Viglyadya was charged a fine of 80 thousand. rubles;
huge robots with a minimum term of 480 years;
training to the right level of work with the term 2-5 years;
reduction of will from 6 months to 5 days.

The gradation of punishment lies in the face of the danger of the illegally acquired lane, as well as the appearance of additional furnishings that will tighten (threat).

In the morning, you may be able to turn to the debtor for the reason that you can pay off your debts and you can negotiate with the creditor about the extension of the sale. This follows suitably with the previous description. If the order reveals the loss of material assets (and it was assumed that the creditor will not sell them) or their integrity has been destroyed, then he has the right to seek compensation, return or replacement of the seized item iv. This rule of law also confirms that at the time of writing the description we must take into account all the key factors and characteristics of power.

Trimming of speeches for the duration of obstruction

This situation is also not uncommon. There are a bunch of bright butts, if the landlord’s speeches are carried out on legal grounds, although there is no negligence behind the contract. The most general situations include:

The terms of the contract have ended, the extension has not been transferred to a further extension, the transfer certificate has been signed, and other valuables have been lost to the apartment. As soon as the right to purchase an apartment has again returned to the authority and the act of transfer has been signed, then all the valuables that are in her possession automatically become the authority of the landlord and they can be disposed of by the authorities.
The contract has ended, there is no extension and the transfer deed has not been signed. In this case, the creditor cannot dispose of the speeches at his own discretion, but can transfer them to another place for safekeeping.

Yakshcho, in the agreement, is a lord about can automatically with a prolongation of that did not bake an offі -іno rosirvania, then the stand-up be-yakii/sancts Viluchennya/Utrimanni Main Orendar for improving her wagging.

The owner can immediately pay the payment to the recipients. In such situations there is a lot of potential for the ruler, who can reveal something roguish, such as turning back to the Borg in any way. In another case, there is a risk that the landlord takes care of the landlord and it is very important to know how to deal with such a situation. In the submission of statistics, it is clear what reasons may be a basis for similar actions and the peculiarities of the morning procedure.

○ Wash and stand for the legal morning of the owner.

The ability of the owner to pay the due date is regulated by Art. 359 of the Civil Code of the Russian Federation (given by the Central Committee of the Russian Federation).

“The creditor, who has a claim that requires transfer to the debtor or a person appointed by the debtor, has the right to immediately notify the debtor of the claim for payment of this speech or to pay the creditor for the expenses associated with it Other additions should be taken into account: doti, docks External demands will not be imposed (Clause 1, Article 359 of the Central Committee of Ukraine).”

In this case, it should be noted that this clause is dispositive, which gives participants the opportunity to change their minds for mutual benefit. Thus, a clause may be included in the contract that imposes a protection on the property, regardless of its base.

Also, the possibility of a lost lane is regulated by the information sheet of the Presidium of the Supreme Arbitration Court of the Russian Federation dated January 11, 2002 No. 66 (hereinafter referred to as Sheet).

“The lessor has the right to properly reclaim to the lessor the property that was lost in the premises, which was rented after the signing of the lease agreement, to ensure the landlord’s responsibility for making the rent payment for the premises (clause 14 of the List).”

The particularities of the procedure are less pronounced if the parties to the law are the parties.

“Morning speeches can be secured in any way that is not related to the payment for speech or the deduction of expenses for it and other allowances, otherwise they arise from the demands of any party і (Part 2, Clause 1, Article 359 of the Central Committee of Ukraine )".

In accordance with this law, the morning is not subject to deprivation of speech, but also to the arrangement for which no immediate payment is required. With this rank, the landlord can respect the landlord, the lord of any vin. However, it should be noted that the quality of speech may be proportional to the word.

○ Proportionality when reduced.

Morning is a tool for stimulating the buyer to make faster payments. If you decide to cancel your payment obligations, the lessor has the right to sell the lost property. It is very important for him that the virtuosity of these speeches rivals the sum of the borg. Otherwise, during the sale, the landlord takes away more financial losses, which can be classified as swindling.

○ How to properly conduct your morning routine.

To avoid this, we need to make sure that the lease agreement does not protect this action. In addition, for the procedure to be recognized as legal, it may suggest such minds:

Reveals only after the term of the agreement has been completed.
Suprovodzhuvatisya folded describe maina chi act utrimannya.
Notify the owner about the procedure.

The morning of speeches is carried out in the presence of certificates (at least 2), which sign the document (describe the act of morning). This document contains but the directions of the order of the recommended sheet no later than 3 days after the date of termination. After completing the necessary actions, the landlord loses the right to take the goods to the place of preservation, having previously informed the owner about the place.

○ If it is not possible to stagnate in the morning.

Regardless of the status of the parties (legal or physical persons), the procedures before initiation are as follows:

The number of agreements between the parties.
The term of the agreement is without passing.
Actutrimannya is not folded.
Orendar was not informed about the morning procedure.

○ It is illegal to exaggerate that self-confidence.

If the landlord takes away from the counterparty illegally, we are talking about self-righteousness.

“Arbitrariness, which is more arbitrary, contrary to the procedure established by law and other normative legal acts for carrying out any actions, the legality of which is disputed by the organization and the citizenry, since such actions contribute to the social harm (clause 1 of Art. 330 CC RF)".

And here the law provides for the following types of punishment:

The fine is 80 thousand. rub. because the morning was waiting for the income until the end of the week.
Obov'yazkovі robots (maximum term 480 years).
Powerful robots (up to 2 roles).
Relief of liberty (until completion of the term) (Part 2, Clause 1, Article 330 of the Code of the Russian Federation).

How self-government was affected by the participation of violent attacks and the threat of their stagnation, such as punishment:

Primus robot (up to 5 rocks).
Aresht (until midnight).
Reduced willpower (up to 5 rocks).

In order to eliminate judicial views and reduce the risk of self-confidence to zero, it is important to reach out to all minds in order to ensure the legality of the worn-out speech.

✔ The lease agreement is attached, the transfer deed is signed.

Whenever necessary, the agreement must have an automatic extension of the agreement, for which purpose there is no extension agreement. Also, participants can agree on mutual benefits. Once a morning mayna is legal, the deed of transfer has been signed, and the lessor, having lost his place, has lost his speech. The very act of capture and transfer is made legal by the morning with the possibility of its importation until another place of preservation.

In this case, the landlord needs to write down a description of the property and the document regarding the presence of two certificates and send the recommended sheet to the landlord.

✔ The lease agreement has been attached, the lease has been withdrawn, the transfer deed has not been signed.

“..the provision required by the Volodymyr Vlasnik is subject to the deprivation of the terms of reference for the placement after the termination of the term of the lease, so that after the loss of the right of substitution (clause 14 Leaves)".

Because of such a value, a diminished lane, deprived by the owner in this situation, may be found illegal. In this case, the landlord is also guilty of independently compiling the description of the main and sending the recommended sheet to the buyer. For the development of the meaning of minds, the maturity will be recognized as rightful.

✔ The lease agreement has been attached, the lease is due to the location.

If the hour of action has already passed, if the orendar continues to vikoristovuvaty placements, it is not necessary to carry out the Primus morning of his speeches. Such actions will be declared illegal and will be subject to compliance with the relevant legislative norms of the Code of the Russian Federation. It’s time to make a call to the fuss about the hanging.

✔ The ship's decision is necessary to terminate the lease agreement.

Due to the presence of such a document, it is necessary to ensure that it has gained legal force, after which it is necessary to weaken the speeches of the fighter. If you start activities earlier, it may be classified as self-indulgence and cause further punishment. In this case, it is also necessary to send messages about the Primus gallows to the court authorities.

Situation: The renter has not paid rent payments for a long time. The landlord, having asserted his right, revoked the rental agreement from the court order and blocked the landlord's security forces from accessing the premises.

In addition, the Landlord sealed the premises and blocked the Landlord from exporting his property. In whose presence it was stated to the inspector that the landlord had taken care of it as a safe visit.

Feeding: What right does the landlord have to oust the landlord once there is evidence of debt?

Subject: As a general rule, the landlord has the right to dismiss the landlord as a safe entry. For example, if there is an obligation to pay rent. Prote є a whole shift benefited from the minds for which the demise of the lane by the fighter will be legal.

Line lining: Paragraph 14 of the Information Sheet of the Presidium of the Supreme Arbitration Court of the Russian Federation dated January 11, 2002 No. 66 directly states that the lessor has the right to properly dispose of the possessions that were lost in the premises after the acceptance of the lease agreement, to secure Obligation of the tenant to make the rental payment for the given.

This position of the Supreme Court is based on Article 359 of the Central Committee of Ukraine, whereby the creditor can suppress the debtor’s speech until the additional duty is not taken into account. In the case of people who have lost their speech, the same goiter may be provided for, not related to the payment for the speech that is being done, or the expenses for it.

Proceedings of the same kind of speech are only allowed once, if such a thing has been revealed to the creditor (landlord) on legal grounds. Morning speech I can’t inherit it from being buried by the warden or taken away without my will.

Landlord, guilty describe this way and tell the orendar about the morning. Such a rule is based on the next step: until the gaps associated with the loss of speech, the rules about the outpost are established (Article 360 of the Central Committee of Ukraine). With the subject, you can make it more specific, then. It may be named and identified. Well, mayo orendarya, what is going on can be described in the same way. The statement about the need to inform the warden about the loss is grounded in court practice. Marvel, for example, at the praise of the Federal Antimonopoly Service of the Moscow District dated January 31, 2011 No. KG-A40/63-11 at reference No. A40-18165/10-109-150.

The landlord, who is the main one, I am responsible for taking care of you. This kind of binding comes from this article. 343 of the House of Culture of the Russian Federation, according to which the outpost or the outpost is in charge (depending on the one who has the mortgage of the main) of the duty to ensure his security. As we have already designated more and more, until the end of the day, tied up with the loss of speech, the rules about the outpost will be established (Article 360 of the Central Committee of Ukraine). The correctness of this approach is confirmed by ship practice. Watch, for example, the Resolution of the Federal Antimonopoly Service of the Dalekoshidny District dated 02/21/2012 No. F03-43/2012 with reference No. A51-5337/2011.

The creditor has the right to claim the debtor only How his versatility can be equaled with the size of the Borg. Marvel, for example, at the appellate praise of the Moscow Municipal Court dated 08/12/2014 at reference No. 33-29539. In general, this approach corresponds to the principle of the inadmissibility of abuse of law: a number of legal actions with the intention of harming another person. In this way, since the size of the mine held by the landlord completely outweighs the size of the borg, the court can collect the cash from the landlord assigned to the landlord.

In this manner, the landlord, as directed by him, should adhere to the following recommendations:

Separate the owner's access to the premises by informing him about this;
Describe the mayo orendar. To describe the main, you can ask the lessor, and for this subtlety, describe the main in the presence of a notary, having signed a special protocol about the security of evidence;
Inform the warden in writing about the warehouse of the dry lane;
Ensure your savings (seal the premises, turn on the water and electricity, pack the roads);
Do not exaggerate your speeches, the brilliance of which significantly outweighs the size of the Borg;
The tension in the morning is very noticeable in the court order.

Does the landlord have the right to remove the landlord's property from the premises that are being rented? In what situations does the leaseholder's time limit after the termination of the lease agreement become lawful? How can landlords steal their rights from the landlord?

The tenant in a legal relationship with the landlord, as a rule, is in a weaker position. This is due to objective reasons (for example, the landlord’s savings on the actual control over the rented premises), and the situation that has developed in the market of infirmity, if the payment service overrides the proposition. As a result, in practice, the landlord often dictates to the tenant the washing habits of the premises that are being rented.

As a result of the inequalities in the positions of the landlord and the landlord and those that arise in conflict situations (especially those related to the payment of rent), the landlord often succumbs to various mechanisms of the landlord’s pressure, Utrimannya Yogo Maina cream. In this case, the situation is not less likely to be late in payment due to the landlord’s fault, but also because of the obvious dispute about the amount of the rent, for example, when the landlord is discredited by the legality of the landlord’s unilateral increase in the rent.

In practice, a lost mine can be found both in the case of a mine that was removed from the leased location (including after its sale to third parties), and in the case of a mine that was buried and subsequently moved by the landlord. Obviously, the threat of miscarriage of actions is a serious problem for any contractor. However, for trading companies, the supply of goods that may be even more significant, the consequences of stagnation in the morning can be catastrophic.

It is noticeable that the world, which is often seen, is subject to pressure on the landlord, and not as a method of security for the landlord, as a result of the legal brutality of the burden on the government is connected with significant practical difficulties (with new applications before the trial and public auctions) . Nowadays, it is necessary to apply an effective mechanism to the pressure on the owner, since the pressure on the mine that is being removed often significantly outweighs the size of the obstruction. As a result, you often end up with the evil rights of landlords. Regardless of the sufficient quantity of food from this food, court practice has not yet developed unambiguous and simple criteria for assessing the legality of the landlord’s actions in such cases. The purpose of this article is to assess the legality of the regulation of the common law in various situations according to the legislation of the Russian Federation.

The main provisions of the legislation of the Russian Federation about morning

Delivery to station. 359 of the Civil Code of the Russian Federation, a creditor who has a claim that is transferring to the debtor or a person appointed by the debtor has the right to immediately force the debtor to pay the debt or to pay the creditor for the costs associated with it and other additions should be reduced to the same amount , the documents will not be taken into account. Morning speeches can also be provided with benefits, even if they are not related to the payment for speech or the deductible of expenses for it and other allowances associated with it, otherwise it arises from a claim, on the part of any action as an entrepreneur.

It is necessary to note that the understanding of the stagnation of rights is diminished and dispositive. As follows from paragraph 3 of Art. 359 of the Civil Code of the Russian Federation, the parties can establish other rules in the agreement, below Art. 359 Central Committee of Ukraine. The borrower and the creditor can expand or create a number of bases for the assertion of the right to claim, including making it difficult to assert, and also clearly indicate how they may be the subject of the claim. The parties also have the right to differentiate between the parties who can ensure the settlement, for example, it means that the settlement is limited to the payment of the rent, but not to the withdrawal of cash.

It is worthy of respect that the right to be lost is preserved when the right to be lost is transferred to three persons, for example as a result of a sale. This norm is stagnant only until such failures, if the value reaches the creditor before the right to it has been added by a third party. This means that if the agreement for the purchase and sale of assets by a debtor and a third person and the right of ownership was transferred to the third person before the creditor took away the right from the owner (that is, until the creditor’s right to be lost), then the creditor does not have the right to ї tame , as it turns out, the third person declared her rights even after the creditor’s cessation of the right of way.

Morning as a way to protect goiters

Morning at the boundaries of the decorous orendi agreement

As it has been stated, the morning can become stagnant without much speech, like that of a creditor. The first creditor, having taken away the debt from Volodin, has no right to relinquish it. Thus, the landlord has no right to take away from the landlord what is located in the premises that are being rented, and also to transfer the landlord or third parties to remove such property from the rented premises. In fact, situations often arise when the landlord disrupts the landlord’s self-sufficiency. Ship practice, documented by the Presidium of the Supreme Arbitration Court of the Russian Federation in the information sheet dated 11 June 2002. N 66 (hereinafter referred to as the Information Sheet of the Supreme Arbitration Court of the Russian Federation), it is clear that the creditor’s right to suppress the debtor’s speech is due to the creditor only in the event that the dispute has appeared in his court on a legal basis. The ability to wear out cannot be left behind by the burying of the mine of the warden without his will, and the landlord’s use of the speech, taken in such a way, is illegal.

Morning at the time of rupture of the lease agreement

The issue of the leaseholder after the termination of the lease agreement, therefore, arises from the fact that the parties to the said agreement may have different statements about the legality of this termination. If the termination of the contract is illegal, then the lesser's property, which is located in the place, is illegal. This rule emerges directly from official legislation and is confirmed by court practice<1>.

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<1>for example, Resolution of the Federal Antimonopoly Service of the Volga District dated 03/09/2006 with reference No. A72-3138/05-25/180, Resolution of the Federal Antimonopoly Service of the Central District dated 07/22/2003 with reference No. A09-6168/01-10, Resolution of the Federal Antimonopoly Service of Moscow 01/04/2003 right N KM-A40/1506-03.

The nutritional legality of the lessor's question about what is being rented after the legal termination of the lease agreement is ambiguous. Based on the Information Sheet of the Supreme Arbitration Court of the Russian Federation, the location of the lane with the landlord may be withdrawn from the landlord after the term of the rental has expired. This position of the Supreme Arbitration Court of the Russian Federation is often interpreted by the courts as such, which allows for the loss of time once the leaseholder has legally terminated the contract. It is clear that such an interpretation is incorrect.

The information sheet of the Supreme Court of the Russian Federation contains information about the excess lane after the end of the term of the lease, then. after all, you cannot help but know about this orendar. While there may be a possibility of exporting it until the end of this term, the orendar protea is not vikoristic. In this case, the need for the landlord’s lane in Volodymyr’s landlord is not to be considered as being done without the will of the landlord. At the same time, if the lessor is aware of the fact that the lease agreement has not been terminated, since it is also registered and legal, then the lessor has the opportunity to remove it before the agreement is terminated. The rented lane by the landlord once (that is, when the contract is terminated without giving a reasonable term for the imported lane) cannot be entered into legally.

From the deposit you can get the following notes:

1) the morning lane at the boundaries of the official lease agreement is illegal;

2) the legal delay in the termination of the contract applies only if the lessee is aware of the termination of the contract (through the termination of the lease, as well as through proper notification by the lessor), without going through any reasonable actions I'm doing my best to agree to the lease agreement.

Apparently, the lessor's ability to act before the dawn of time between the law is felt until the end, if the lessor is aware of avoiding the punishment of his craws after the termination of the lease agreement, then. in a manner similar to that which was the subject of consideration in the Information Sheet of the Supreme Arbitration Court of the Russian Federation. At the same time, as practice shows, landlords often go to the depleted lane without any legal framework, which makes it more difficult for the landlord to face such a serious problem as bringing the depleted lane to the warehouse.

Brought to the warehouse of the limited lane

Due to the lack of a specific description of the lender's actions behind the orders, they are practically uncontrollable. This situation is also aggravated by the fact that the legislation does not directly impose obligations on the lessor to ensure the safety of the lessor's property.

Delivery to station. 360 of the House of Culture of the Russian Federation, the strong creditor, who is attenuated by the river, is satisfied with its duty and order, the transfer of satisfaction is ensured by the outpost, then. way to sell at public auctions. This norm is mandatory and can be changed at the pleasure of the parties. At the same time, in practice, the creditor often sells off the mine to the debtor on his own in order to pay off his debt, and the possibility of remaining behind the consequences of such actions is further limited by the complexity of bringing the alienated mine to the warehouse.

Position about the impossibility of stagnation in the morning until the mine of the orendar

As a final comment, in the context of this article, the meritorious position of the Federal Antimonopoly Service of the West Siberian District is established in the Resolution of the 26th quarter of 2006. at the reference N F04-1653/2006(21897-A75-39).

The court pointed out that due to the substitution of paragraphs 1, 2 and 3 of Art. 359 of the House of Culture of the Russian Federation shows that the debt can be settled by the creditor if it is settled with the debtor at the contractual terms in order to the subject of the debt. In this manner, the court has made a claim about those that are in storage until the lease of the owner, who are in the premises that are being rented, and it is impossible, as the owner and the lessor do not stop at any contractual tires with a drive. wow myna.

Although the position of the Federal Antimonopoly Service of Zakhidno-Siberian District is consistent with the provisions of the Information Sheet of the Supreme Arbitration Court of the Russian Federation, dated 2002, the argumentation presented is controversial, it seems that from the point of view of ensuring the stability of the huge turnover, the prevention of evil Living with the right is more correct.

It should be noted that at the time the government practice has reduced the number of other mechanisms to ensure the interests of the landlord before withdrawing the rent payment (for example, making a so-called insurance deposit before the conclusion of the lease agreement). In addition, it is often necessary for the parties to the lease agreement to include provisions regarding the fact that if the lessee has lost the lane in the place after the agreement has been signed, the lessor will save the mine for the lessor's share. The presence of such a provision in an agreement entails a direct obligation on the landlord to ensure the savings of the tenant's mine, and also gives the landlord the right to receive compensation for savings (which can be ensured lane).

Based on the above, it appears that the ship's protection is given to the lessor, which eliminates the lessor's efforts, without disturbing the balance of interests of the parties, but it means to reduce the harm caused by the lessor.

Eliseev I.