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  • Дело о неосторожном банке. Ответственность банка за неправомерные действия распорядителя счета клиента.

Article

Дело о неосторожном банке. Ответственность банка за неправомерные действия распорядителя счета клиента.

Тай Ю. В., Будылин С. Л.

After reading the content of the judicial acts in the case that is the subject of this article, you are once again convinced of the wisdom of the old saying "what is good for a German, then death for a Russian" (well, and Vice versa, too). We believe that direct references to the fact that "we have such a mentality, such a tradition, such a psychology, such traditions" are an easy but extremely unreliable refuge for explaining, but rather justifying, many social and legal problems of our state and society. However, when it comes to comparative methods of research or reception of foreign rules and regulations, it is necessary to take into account all the differences in the compared States, since any rule and principle do not exist in a vacuum and operate in the system of other rules of law and the entire legal machinery. And one of its most important elements, of course, is the judicial system, its structure, its modus operandi. The same procedural and substantive rules in their application by different courts are implemented not just differently, but sometimes in the opposite way. The degree of maturity of the legal culture is also of great importance. When everything is aimed at finding subtle places, lacunae, gaps, shortcomings of the legal fabric, circumventing and gross violation of the law, then the court should function in a completely different setting and modality.

In Russia, attempts are currently being made to adjust the institutions of corporate law and insolvency, but this is sometimes too hasty and even vain, without a system, without a conceptual understanding of where we are going and what we want to achieve as a result. How not to remember the classic: "Rus, where are you going? give an answer. Doesn't give an answer." And we, together with the Parliament and the Supreme Court, fly like sails, often and sporadically changing the rules of the game, but the main thing is that many law enforcement acts rely on rather flexible vague norms, and any attempt to nuance and be guided by justice and common sense often leads to terrible arbitrariness and lawlessness. To a greater extent, this concerns issues of bringing to justice: both General civil and subsidiary in bankruptcy. And this is where many dangers and threats lie, both for the stability of civil turnover and for confidence in justice. This is truly thin ice even for such established legal systems as the UK, let alone Russia.