Дело "Общество "Астраханьгазпром" об установлении факта владения и пользования недвижимым имуществом как своим собственным" (Постановление от 27 марта 2006 г. N 12641/04)
The article is devoted to the analysis of results of application profitable and cost-based approaches to estimation of cost of the real estate objects which frequently appears much below their real market prices. Opportunities of the comparative approach use to an estimation of the real estate objects are considered, allowing to receive parameters of a real supply and demand in the market, and also in its frameworks of a mark method as alternatives of existing ways of an estimation.
This article examines the position of Russian state courts, in particular, of the Supreme Commercial Court, w i t h regard to the arbitrability of disputes concerning the transfer of title i n real estate and of corporate disputes under Russian law. These specific issues are dealt w i t h i n the light of the general approach of Russian courts to arbitration. Firstly, some necessary explanations are given in relation to Russian regulation, practice and attitude towards arbitration. Then, the approach of the Russian state commercial courts w i t h regard to the arbitrability of real estate and corporate disputes is described and compared w i t h their general attitude to arbitration manifested in Russian case law. Finally, the author's viewpoint on the possible concerns underlying the apparently incongruent stance of the commercial courts to the arbitrability of real estate and corporate disputes is discussed.
In the article there is an analysis of positions of various authors which exist in science literature about an issue of what can be considered as object of a public-private partnership agreement, as well as a characteristic of norms of Russian and foreign law which cover the matter in question. During the analysis some issues related to inclusion in the list of objects a public service, property rights and moveable property technologically not connected with real estate are considered.
Characteristics is given to the concepts “housing”, “residential premise”; legal category “residential premise” is considered from the point of view of embodiment of national (basic) standard housing, established by the State; system of viewpoint of European Court in Human Rights under the name “concept of housing” developing from authority to authority is being analyzed; the issue of diffusion of inter-subject concepts “housing” and “residential premise” in connection with the process of State integration into common legal and economic European space is being considered; the shortcomings of legal definition “residential premise” are being disclosed, as not reflecting its essence, purposefulness and variety of forms of its existence; in this respect the main conclusion on introduction of changes into art.15 and 16 of Housing Code has been made.