Legal incidents. Vulgar and abusive advertising

As they say, don’t swear off money or prison. If a person suddenly finds himself in “not so remote” places, his friends and relatives usually try to get a review of the court sentence, or at least parole. In order to help a loved one, no expense is spared.

This is apparently what the swindler from the Tyumen region, who introduced himself as a lawyer, hoped for. Sergei Abyshev, who had previously been in conflict with the law, had a criminal record for fraud. Several years ago, he sold his friend's car and embezzled the money. Having served his sentence in the spring, by the summer he had already come up with a new method of taking cash from gullible people. Abyshev came up with the idea of ​​providing legal services for the parole of prisoners. Moreover, the swindler did not have any special education.

He ordered business cards with a phone number from a printing house and, as if by accident, forgot them in the visiting room of the Tyumen correctional institution. A 42-year-old resident who came to visit the colony with her son “bought” his trick. She turned to Abyshev. Her son had to serve his sentence for another two years and naturally, she wanted him to return home quickly.

A false lawyer agreed to help for a modest sum of 60,000 rubles. He promised the woman that her son would be free in six months. And the woman handed over the specified amount to the swindler. He pretended to be busy for a while, informed the client about the supposed work being done, and then disappeared. The woman, realizing that she had been deceived, contacted law enforcement agencies. The false lawyer was sentenced to two years in prison.

But what a global incident happened in the Spanish province. A certain Angeles Duran announced that she is the owner of the Sun. And this right of hers is legally secured by a notary, to whom she dropped in on occasion and drew up the corresponding document. The owner claims that she did it legally and is in her right mind. Similar precedents have been noted before.

The traditions of Europe previously allowed, upon arrival in any territory, to raise the flag of one’s homeland on it and declare the land the property of the crown, and the people living there as subjects of their monarch. All that remains is to decide what to do with such notaries who draw up such legal incidents. Perhaps such lawyers should be branded for fraud and encroachment on human values ​​and sent to hard labor for life.

For many years, the Court of European Communities was the main judicial body. It considered all types of claims and made decisions on the resolution of cases. This practice did not cause any particular complications, because the total number of cases considered by the Court of the European Communities was not very large. But every year...

Carrying out any kind of trade and financial transactions for the purchase or sale of a specific real estate, which can include an apartment, country cottage area, a private house or even selling a car, as a rule, requires a certain knowledge of many nuances and features when registering...

In order to answer the question, let’s figure out what it means to have your own personal lawyer. In general, the essence is that an agreement on the provision of legal assistance is created between two persons (the Principal and the lawyer). To confirm this, the person who wishes to receive services is issued...

What qualities should you look for when choosing a lawyer? Undoubtedly, first of all, the candidate must have a higher legal education. Not bad if it were obtained at a well-known higher educational institution, which has a deep and positive history of producing future professionals. This, ...

It happens that all the authorities to which you apply make a decision not in favor of the applicant. What then should you do if you are firmly convinced that the truth is on your side? It's simple! You can appeal to the European Court of Human Rights, which is located in Strasbourg. Not necessary...

It's about tasty and healthy food.

56-year-old Caesar Barber is now recognized throughout America. A simple plumber from New York sued the world's largest restaurant chains and accused them of making him fat. With a height of 180 cm, Barbera weighs more than 120 kg, he suffered two heart attacks and has diabetes. The amount that the defendants, if the outcome is favorable to them, will pay for the claim will be determined by the jury. Barber's lawyers believe it will be several billion dollars.

The case of tobacco smoke.

California resident Betty Bullock won a lawsuit against her hated Philip Morris company, whose cigarettes she enjoyed smoking for 47 years. Mrs Bullock fell ill with lung cancer and the court ordered Philip Morris to pay her:
$750 thousand in compensation for material damage, $100 thousand “for suffering” and $28 million in fines.

It's about cigars.

A certain lawyer from America, having purchased a box of expensive collectible cigars, insured each of them against all kinds of misfortunes, including fire. Of course, he smoked them, and then asked the insurance company to pay out the insurance, claiming that the cigars were destroyed in a “series of low-severity fires.” The court found the claim worthy of satisfaction. However, the insurance company filed an appeal and proved that the defendant was guilty of 24 intentional arson attacks. For each case he was given one year. The lawyer has already served six of the twenty-four years.

It's about beer.

A certain Richard Overton from Kentucky sued a local brewing company, accusing them of false advertising. The beer advertisement promised to make him happy and lucky, but no matter how much beer he drank, there was no luck. The case is being considered.

It's a case of thrifty Americans and ketchup.

Bill and Marshy Boyker of Oklahoma sued Heinz for $180,000 after discovering that each bottle of Heinz ketchup was missing 42 grams.

The case of a ghost.

In the state of Michigan, a case involving an ex-husband was recently heard. The wife says she is afraid of her husband and wants $1 million in compensation from him. The incident is that the husband died in 2000.

The case of the original use of contraception.

A lady from the United States demanded $2 million in compensation because, instead of using the jelly-like contraceptive “for its intended purpose,” she made herself sandwiches with it and ate it. Now she is expecting a child and at the same time is suing the manufacturers, who, again, forgot to write in the instructions that it cannot be eaten.

It's about self-criticism.

While in jail for attempted murder, one Robert Lee Prock filed a lawsuit, listing himself as both plaintiff and defendant. He blamed himself for violating his own civil rights and religious beliefs, alcohol abuse. Here is the exact wording: “By getting drunk, the defendant, Robert Lee Brock, forced me, Robert Lee Brock, to commit a crime, thereby dooming me to a long prison sentence. I demand that I pay myself $5 million for the above violations. But since I am incarcerated, unable to work, and a dependent of the state, I ask the court that the amount be paid by the officials of the state, whose ward I am now.”
The US Supreme Court rejected Brock's claim. True, the Vermont state authorities had to pay all legal costs.

An Italian case about love and a traffic accident.

A guy and a girl made love in a car, after which they were forced to get married because the girl became pregnant. The uniqueness of the case, however, is that the girl does not blame her current husband for pregnancy, but the driver of the car that crashed into them. Out of surprise, the guy could not “restrain himself,” and there was no question of terminating the pregnancy or giving birth to a child out of wedlock (the guy and girl are respectable Catholics).

Photo from portalpk.ru

On April 1, April Fool's Day was celebrated all over the world. We asked lawyers to recall funny decisions of Russian courts, as well as surprising and funny, in their opinion, situations from courtrooms. As a result, the selection included stories about a lawsuit to recognize the “absolute rightness” of Valery Zorkin, 6 million sheets of documentation, “legal doctrine” personally from Dmitry Medvedev, and much more.

Legal work is not that funny, but there is a place for humor in it, he says Pavel Katkov, senior partner law firm « » , but immediately adds: “Although it is specific, of course.” Let's start with the April Fool's story (in every sense) that was told at the interview Valery Narezhny, advisor « »: " I can’t say for sure that it took place, but if it’s a story, it’s quite realistic.”

Winter 2010-2011 in Ivanteevka (a city in the Moscow region), municipal services did a very poor job of removing snow. The lawyer living there got tired of this, and in December he filed a lawsuit against the local management company with a request to oblige it to clear the sidewalks of snow. The judge scheduled the first hearing for the end of February, then postponed it twice, and in April she decided to reject the claim. The motive is that the defendant can no longer fulfill the demands due to changes in weather conditions.

It is difficult to confirm such stories, but for those who are especially distrustful, we have arbitration disputes. Where everything can be found on the website "Arbitration Case Files". Well, or almost everything. The only exception may be cases like the one that Valery Narezhny also reminded us of (he called it “the most famous and curious technical error of the court at the highest level”).

We are talking about a dispute between AstrakhanPassengerTrans OJSC and the tax authority (No. A06-5208/2008), which in October 2009 was to be considered by the Presidium of the Supreme Arbitration Court of the Russian Federation. When representatives of “AstrakhanPassengerTrans” went to the website of the Supreme Arbitration Court a week before the meeting to download the ruling on the consideration of the case, it turned out that instead of it, it had already been posted there ready text resolution in which the applicant of the supervisory complaint denied. The motivation was fully described and all members of the Presidium were listed. Empty space remained only in those places where the names of the representatives of the parties should have been. Cm. " ".

“Apparently, there was a carelessness of a specialist from the Supreme Arbitration Court, who, instead of a file with the text of the ruling on assigning the case for consideration, posted a pre-prepared “fish” on the website court decision“, - suggests Narezhny. The reporting judge Marina Zorina then recused herself. However, the case was still considered, and the decision was made exactly the same as in the “fish” published by chance.

We want incredible things!

YOU have already corrected the “technical error”, but in the vastness of the Ring Road there are many other interesting things that they are not going to correct. For example, the most “brilliant” thing, according to Viktor Gerbutov,partner, head of dispute resolution practice, - this is the determination of the Volgograd Region AS dated October 19, 2009 (case No. A12-21010/2009). There, the plaintiff's demands attract attention. Here is how the court itself describes them in its definition:

“LLC Stanovskoye filed a statement of claim, asking the Arbitration Court of the Volgograd Region do the incredible» . And the “incredible” lies, in particular, in the following:

- “to oblige the defendant, the Russian Federation, to comply with the requirements of its own legislation”;

- “to admit that Russia is not a rule-of-law state...”;

- “to admit that on October 29, 2004, the Chairman of the Constitutional Court of the Russian Federation Valery Zorkin was absolutely right in his public speech”. (The following are explanations of what exactly Zorkin was right about). “If we engage in pure security, deny the obvious, insist on our infallibility-quantity can develop into quality. And we can essentially lose not only the remnants of legal authority, but also legal personality as such. And at the same time, overall sovereignty as a whole...”- the words of the chairman of the Constitutional Court are quoted in the definition.

Holy spring

You can learn a lot from the acts of arbitration courts and about the sources of law.

For example, from the decision of the AS of St. Petersburg and the Leningrad Region of 2008 (No. A56-6546/2008). This is another case from the “archive of curiosities” of Viktor Gerbutov. The dispute concerned the problems of compulsory motor liability insurance, and the court “in choosing the principles of [its] consideration” was guided "legal doctrine" of the President of the Russian Federation(then Dmitry Medvedev). The president formulated it, as follows from the court decision, on ceremonial meeting in honor of the 85th anniversary of creation Supreme Court. There Medvedev mentioned that " “legal nihilism is a powerful obstacle to the development of our state,” “disrespect for the law does not appear on its own”, and “legal culture directly depends on the quality of the law and the quality of law enforcement by government bodies and officials”.

And in 2015, in the case of recognition of property rights No. A32-25579/2014, which she told us about Anna Zabrotskaya, Advisor and Head of Dispute Resolution Practice, St. Petersburg Office "", the AC of the Krasnodar Territory referred in its decision to Justinian's Digests. Here's what it says verbatim:

“The priority of the interests of the land owner and the service role of canals was emphasized in Roman law. Thus, in Justinian’s Digests it is stated that “the benefit of the one who drains the water should be taken into account only in the absence of damage to the one who owns the field,” “a canal cannot from open to become underground, since this deprives the owner of the land of the benefit from watering livestock and drawing water" (Digests. Book forty-three. Title XXI. 2, 3 // Property rights to land in selected fragments from Justinian’s Digest. M.: Statute, 2006. P. 615)".

Restaurant, light snacks... tights

However, reality itself often provides judges with non-standard topics for “resolution” (and reflection): everything that needs to be analyzed.

For example, says Gerbutov, back in 2002 the cassation Northwestern district considered a rental dispute (No. A56-28425/01) about which improvements can be recognized as separable and which cannot. The following verdict was returned: “The cassation court believes that of all the above, only sinks with stands and toilets with tanks are separable improvements, since their dismantling cannot affect the condition of the room in which they are installed. This is confirmed by the examination reports...”

In 2007, the capital's arbitration courts examined an “invitation to a VIP restaurant” (No. 09AP-11892/2007-AK) in a tax dispute. The applicant argued that there was no value in it (except for the price of the paper). “What has legal significance is not the invitation itself as an object of the material world (a piece of paper), but the rights that [it] provides”, - stated in the act of first instance. The appeal agreed: "…invitation<…>includes the right of a person to consume snacks, alcoholic and non-alcoholic beverages. The applicant transferred this property right to receive service in a VIP restaurant to his clients free of charge, therefore the tax authority came to a reasonable conclusion that there was an object of VAT taxation.”.

According to lawyers from "", in one dispute with the tax authority they represented the operator of catering restaurants. The tax authorities refused to recognize expenses for the purchase of tights for waitresses. Her position was that tights are not part of the uniform. The case continued until it became clear that tax office employees were also given tights as uniform uniforms.

The main thing is participation

Often the “blanket” is pulled over by the participants in the process, who themselves become the main characters of funny situations. Here is another example from the experience of Pepeliaev Group:

Or the bankruptcy case No. A19-3409/2014, well-known in legal circles. There, Viktor Petrov, a participant in the dispute, attracted attention. From the ruling of the Court of Justice of the Irkutsk Region dated September 29, 2015, the text of his complaint addressed to the chairman of the court Batraz Aldatov about speeding up the proceedings became known. Its content, apparently, so impressed judge Marina Chigrinskaya that Petrov was fined (2,500 rubles) for “undermining the authority of justice.” As its definition says, Petrov " allowed expressions and phrases that contradict not only the norms of the Russian literary language, but also generally accepted norms of etiquette and morality".

It will be difficult to retell the complaint without losing its “artistic form,” so here are some quotes from it [author’s spelling preserved]:

On 06/17/2015, there was already a complaint about red tape addressed to the Chairman of the Supreme Court of the Russian Federation V.M. Lebedev, where, in order to speed up the time for consideration of the application, they asked for “gesheft” for the chairman of the court Aldatov Batraz, who is silent on complaints in writing and according to statements is barely almost speeds up, “his hands are full.”

Thus, we understand little or little that from 06/15/2015 to 07/29/2015 Judge Marina Chigrynskaya was spinning the dynamo, and then on 07/30/2015 she was spinning the propeller, and we all flew away not for 10 days, but until 09/09/2015.

Moreover, according to the statement dated 06/25/2015, the chairman also barely accelerated, remained on the handbrake, and we are again stuck on the case until 09/09/2015.

Based on the above 1. I ask the chairman of the court Aldatov Batraz (like in the movie the hero - Kamander V.I. Chapaev in a papakha and a burka back and forth on pineapples and bananas) to clearly depict to Judge Marina Chigrinskaya the deadline for postponing court proceedings on the grounds of paragraph 5 of the article 158 Arbitration Procedure Code of the Russian Federation<...>

<...>I ask the chairman of the court, Aldatov Batraz, taking into account the repeated applications for acceleration in case No. A19-3409/2014, to speed up a little or hurry up on the basis of part 6 of article 6.1. Arbitration Procedure Code of the Russian Federation alone or in duo with a judge.

<...>I ask Chairman Aldatov Batraz, in case of another refusal, to personally head the consideration of case No. A19-3409/2014, so that everyone can see this and everyone will envy us

Two military friends, while on leave, were returning home from hunting in the evening through a small forest. In the forest, three men came out to meet them, two of them were drunk. Threatening the young people with knives, the robbers began to demand hunting weapons. One of the guys was not taken aback and opened fire, wounding one of the attackers. The bandits, not expecting such resistance, ran away. But one of the victims ran after them and killed the wounded man who lagged behind. What responsibility and who will bear in this situation?

The Voronkin family was accused in the criminal case: Proshka, 37 years old, his father, an old man, 78 years old, and Proshka’s wife Milanya, who was seven months pregnant at the time of the trial. To clarify the circumstances of the crime committed by this family, all members of this family were subjected to torture. The consequence of this was the death of Milania, who went into premature labor with a fatal outcome. What norms of the Summary of the Trials of 1715 were violated by the judge and what criminal liability will he incur?

The military court sentenced to death:

Private Spiridonov, who shot his colleague in service due to careless handling of weapons;

Private Arkhipkin, who shot a teenager who happened to be at the shooting range;

Private Vankin, who beat his comrade to death on a dare.

Based on the norms of criminal law according to the Military Article, decide whether these sentences are legal?

During the New Year celebration, a tipsy officer hit Private Sinichkin in the face with a backhand. He responded, as a result of which the officer was taken to the hospital. According to the officer, Private Sinichkin was similar to his worst enemy, who once caused him trouble, which led to his demotion. Later, at the trial, the officer motivated his behavior by the fact that he was drunk, and the private by the fact that he could not bear the insult. Who will suffer what criminal punishment in accordance with the norms of the Military Article?

Topic No. 7. Code of Criminal and Correctional Punishments of 1845. Seminar lesson plan

General characteristics of the Code of Criminal and Correctional Punishments of 1845

General concept of crime and misdemeanor.

Composition of the crime: subject of the crime, object of the crime, subjective side of the crime, objective side of the crime.

Crime system. Systematization criteria (church, state, personality, property).

System of punishments: criminal and correctional punishments, basic, additional and substitute punishments, social criterion. Compensation for damage caused by a crime. Circumstances excluding liability.

Sources

1. Russian legislation X-XX centuries. M., 1988. T.6.

2. Chistyakov O.I. Domestic legislation of the 11th – 20th centuries. M., 1999. Part 1. XI-XIX centuries.

Literature

1. Vladimirsky-Budanov M.F. Review of the history of Russian law. Rostov n/d., 1995.

History of domestic state and law. M., 1996 and 1998. Part 1.

Development of Russian law in the first half of the 19th century. M., 1994.