Evgeniy Igorevich Pivtsaev

Dissertation Council Meeting

The meeting of the dissertation council is declared open to review the dissertation submitted by Yevgeniy Piaf in the specialty field 12000 three civil entrepreneurial law family law international private law under the title special aspects of insolvency bankruptcy of property developers.

Introduction

• The meeting is opened by Professor Raheem.

• The chair of the dissertation council introduces colleagues and declares the meeting legitimate.

• The legal basis for this meeting is explained.

Agenda

• A timeframe for the meeting is suggested, including a report by the defendant, reviews by members of the council, Q&A sessions, and concluding remarks.

• Participants are urged to register in advance for European discussion.

• Mobile devices are requested to be switched off.

Documents Submitted

• The defendant has submitted various documents including an application addressed to a rector, a list of publications, a certificate issued by sin Petersburg State University certifying that he has completed his studies successfully, and more.

Bankruptcy Law in Construction Industry

The lack of a consolidated approach to determine the procedure for making claims by the construction participants in the bankruptcy is causing problems related to legal qualification of relations. In this section, we analyze judicial practice and resolutions of the Supreme Court of the Russian Federation on individual cases.

Definition of Developer

• The emergence of problems related to legal qualification of relations between construction participants wishing to enter into the bank reserve case of the developer.

• Analysis was made on a set of effective regulatory illegal acts regulation relations to which the develop is a party through analysis of regulatory illegal acts acting at different times.

• Specific signs were revealed which were signed to the concepts of developer within the framework of sound playing legislation legislation relating invest to investment and activity and also in the field of insolvency.

• An attempt was made to unify the definition of concept development take into account legal features characteristic answering questions stated.

Legal Acts and Regulations

• An attempt unifying concept development used in various leggett really was directly or indirectly regulating relations in field construction justified by need for research and analysis because it is directly related to topic detection research this line.

• Analysis rules law on bankruptcy allows us distinguish following sense developer purpose applying paragraph 7 develop may be legal entity or an individual entrepreneur person attracts funds or purpose construction participants building dwelling there are requirements for this person part construction participants transfer residential premises or monstery claims other definitions given legislature do not contain any definitions within framework research possibilities giving definition developer under law bankruptcy science particular concept within framework other legal regimes considered.

Professionalism Significance

• Analogy with town planning legislation would have sign professionalism that is if one mandatory requirements for recognizing person as developer was that such a person should be subject of professional construction activity such criterion could potentially help to strengthen guarantees of construction participants in obtaining residential premises.

Analysis of Losses in Bankruptcy Law

The speaker discusses the theoretical analysis of losses outlined in paragraph 2 of article 21.5 of the bankruptcy law and how it differs from the composition of circumstances implied by article 15 of the Civil Code of the Russian Federation.

Differences between Bankruptcy Law and Civil Code

• The provisions of article 15 of the civil code code and article 22 1.5 or The Beggar's Clause should be considered in relation to general and special knowledge.

• Article 21.5 is applied in the sphere of relations requiring special attention in the field of insolvency.

• The composition of circumstances to be proved by a construction participant claiming damages under paragraph 2 of article 21.5 is significantly different from that specified in article 15.

Requirements for Claiming Damages

• To claim damages, a plaintiff must prove a number of circumstances including existence, size, unlawfulness, and causal relationship between unlawful behavior and occurrence.

• Failure to fulfill obligations implies guilt on one's part according to Article 15 but there are cases when fault is not taken into account when recovering damages.

• Debtor's default by developer does not always imply guilt on their part.

Conclusion

The speaker concludes that when a construction participant claims requirements for development subject to approval, they must provide proof for a special composition of circumstances.

Special Composition Requirements

• According to paragraph 7 chapter 9 Banksy law, it would be necessary to install a residential building or block building if demanded by construction participant prior to termination of the contract.

• The proposal was based on analysis of the construction services market, including the construction of houses of block buildings.

Legal Regulations of Claims by Construction Participants

The speaker discusses the issues faced by construction participants in registering their monetary claims in the register of records to creditors under non-traditional practices. They also outline recommendations for improving current legislation.

Problems with Traditional Practices

• Construction participants face difficulties in applying to arbitration court with respect to including their monetary claim in the register of records to creditors.

• Paragraph four of article 2115-2 of the banks law is criticized for depriving construction participants of their right to participate in determining the fate of bankers.

• Construction participants are deprived of this right due to actions of a person who is not directly a party to the relationship with the developer prior to declaring them insolvent.

Recommendations for Improvement

• Recommendations have been developed to improve current legislation and facilitate access for construction participants.

• These recommendations aim at providing additional means for assessing violated rights and resolving discrepancies in relevant registries.

Impact on Legal Regulations from Share-Based Financing

The speaker discusses how changes in regulations, such as share-based financing, impact legal regulations regarding claims by construction participants.

Changes from Share-Based Financing

• The model of regulation has changed due to share-based financing being removed.

• This reform aims at solving problems faced by investors but there are still problems that need doctrinal treatment.

• The process of declaring a developer bankrupt needs clarification.

Risk Assessment

• Different legal norms relate to functioning banks involving states and additional guarantees are provided.

• The risk still rests with the investor but procedures of bankruptcy should guarantee recovery of their money from the failed developer.

• The transfer of half-built property is a risk that remains and needs clarification.

Review and Discussion

Mr. Petrov provides his review on the dissertation submitted by Mr. Bischoff, discussing its relevance and social impact.

Review

• The dissertation is highly relevant due to the increasing amount of disputes on property developers' insolvency.

• The social relevance has been augmented because of this increase in disputes.

Overview of Dissertation Defense

The dissertation defense is being presented by Igor v AF, who has submitted a dissertation on property developers law and property transfer. The defendant's recommendations are well justified and innovative statements are supported by comprehensive analysis of issues.

Relevance of Dissertation

• The language used in the dissertation is clear and accurate.

• The conclusions drawn from the research are exciting and promising.

• Legislation decrees rules and regulations that have been tested in practice.

Questions for Defendant

• What losses are encoding to a relevant provision of the bankruptcy law?

• How does this definition oppose the one given in the Civil Code?

• Why is it yet unclear why we can't held to make these Seminole og integral?

Assessment of Dissertation

• Overall, the dissertation is an independent and well-concluded piece of research.

• Compliance with relevant decree on academic degrees awarding procedure in St. Petersburg State University.

• Defendant deserves to be awarded the aspired academic degree in specialty field 12000 3.

Analysis of Dissertation Defense

Alexander Moore provides an analysis of Igor v AF's dissertation defense, highlighting its relevance to legislation on property developers law and property transfer.

Successes of Dissertation

• Language used in paper is variable but very clear.

• Methods ensured success of high practical and theoretical relevance and innovation.

• Structure tailored to objectives with clear goals.

Key Findings

Chapter One: Construction Participant Concept

• Provides integral concept theory for responsibilities of property developer in case of bankruptcy.

Chapter Two: Bankruptcy Procedure

• Most remarkable aspect was bankruptcy procedure in case of housing transfer and residential buildings unfinished residential buildings transfer.

• Property developer liabilities transfer to a different property developer once bankruptcy has been launched.

Questions for Defendant

• Could you please clarify the specific traits of a property developer?

• Defendant needs to be more bold in highlighting practical value of dissertation.

• What does defendant refer to when suggesting justification of conclusion on impossibility of transfer of residential housing to a different potential proprietor as impossible?

Dissertation Defense

The defense of two dissertations is discussed, one on bankruptcy proceedings and the other on shared construction in St. Petersburg.

Bankruptcy Proceedings Dissertation

• The dissertation on bankruptcy proceedings is discussed.

• The dissertation is praised for developing insight into theoretical issues supported by litigation practice.

• The dissertation is deemed consistent with academic requirements for awarding a degree in jurisprudence.

• Technical difficulties with the monitor are noted but do not impede the defense.

Shared Construction Dissertation

• A dissertation on shared construction in St. Petersburg is introduced.

• Issues related to property developers and losses incurred by them are highly relevant and difficult to solve.

• Legal instruments do not ensure consistent protection to construction participants, requiring authorities to interfere.

• The defendant's seven years of research make this dissertation practically and theoretically relevant, with innovative aspects conforming to current requirements.

• Practical experience of the defendant who has published many papers as well as being employed as an arbitration court judge proves consistency of this paper.

• Tajikistan may benefit from this defense despite having no similar challenges in terms of shared construction.

• Members present at the event can share remarkable practices put forward in the dissertation.

• Notable suggestions include amending article 24 point 15 point 2 of the code allowing participants to choose which liabilities to grant property developers or construction cooperatives, and identifying responsibilities and liabilities of construction participants as well as creditors assemblies.

Overview of Dissertation on Insolvency of Property Developers

In this section, the speaker provides an overview of the dissertation submitted by Mr. Bischoff on the insolvency or bankruptcy of property developers. The speaker discusses various legal instruments for protection and makes recommendations for improving the language used in the dissertation.

Legal Instruments for Protection

• The Civil Code of the Russian Federation provides legal instruments for protection in case of violation.

• Article 12 of the Civil Code suggests restitution of status before violation.

• Provision six recommends granting a procedural opportunity to construction participants to file an application on including their claim in creditors' register.

Recommendations

• Clarify whether provision six is in conformity with specialty field 12000 fee.

• Clarify conclusion that it is impossible to unify definition of a property developer across various rules and legislation.

• Despite some disputable recommendations, the dissertation is in conformity with decree number 6 8 2/1 holding procedure.

Review

• Mikasa Bearish reviews Mr. Bischoff's dissertation and finds it relevant due to its focus on special features of developers' bankruptcy.

• Construction relations are characterized by multiple participants whose claims should be proportionally met, making this topic relevant.

• The author provides good arguments and proves that Russian legislation regarding developers' bankruptcy should be modified positively.

• One controversial point is that defendant says claim for monetary funds paid for dwelling should be met by transfer of dwelling as compensation.

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Consequences of Termination of Agreement

The consequences of termination of an agreement are discussed in relation to the Civil Code Chapter 435 3053 and other types of agreements.

Different Types of Agreements

• The Supreme Court number 35 decision states that the consequences of termination of an agreement should be taken into account.

• Different types of agreements have different consequences, which can be found in individual types of agreements.

• If the rules in the Civil Code Chapter 435 3053 don't contradict special norms, they can be applied.

Recovery of Unbuilt Property Dwellings

• Claims for unbuilt property dwellings can only be enforced after the termination of the agreement.

• Unfinished property can be given to a new developer if approved by condominium members.

• Members should have the right to make decisions on how to dispose of insolvent developer's property.

Liability and Risks for New Developers

The liability and risks associated with new developers are discussed, including criminal offenses and insolvency.

Introducing New Clauses

• A clause should be introduced among shareholders that removes liabilities carried by a new developer.

• Shareholders who have been previously charged with criminal offenses should not carry any liability for actions taken by other legal entities.

• This contributes to regulatory logic and provides guarantees for investors.

Unification of Property Developer Concept

The unification concept is discussed in relation to unified legislation and terminology.

Definition of Property Developer

• The definition of a property developer can manifest different legal traits across various rules and regulations.

• The difference in bankruptcy cases relates to whether the property developer can be litigated for liabilities stipulated in paragraph seven.

• Specific guarantees are provided in provision 7 to ensure all stakeholders can protect their property rights.

Guarantees for Construction Participants

• Bankruptcy legislation provides guarantees for construction participants who may not have necessary qualifications or credentials to protect their rights.

Introduction

The speaker provides recommendations and invites others to speak.

Recommendations Provided

• The speaker has already provided four recommendations in their speech.

• If the board would like, the speaker can elaborate on these recommendations.

Invitation to Speak

• The floor is open for anyone present in the room to speak.

• The academic supervisor, Professor Ponta Pora, is invited to speak.

Positive Review of Candidate's Work

Professor Ponta Pora gives a positive review of the candidate's work.

Positive Review

• Professor Ponta Pora suggests that they have uploaded their review to the dissent and submitted it to the discussion council.

• Their review is positive and highlights the advantages of the candidate's work.

• They conclude that the work is in compliance with standards and that Mr. Versi is undoubtedly worthy of the degree.

Closed Deliberation Before Open Voting Procedure

All members must leave before voting begins.

Leaving Room for Voting Procedure

• All members must leave the room before turning off broadcast for closed deliberation.

• Explicit Acres calls for an open voting procedure.

• Mitri A Trough votes for granting Evgeniy Girish a degree in law.

Members Vote in Favor of Granting Degree

Members vote in favor of granting Evgeniy Girish a degree in law.

Votes Casted

• Professor Commercial Scale shares their colleagues' opinions and declares they are also for granting Evgeniy Girish a degree in law.

• PF Evgeny Girish is granted the degree in law.

• All members of the discussion council voted in favor of granting the degree.

Conclusion

The speaker thanks everyone and officially closes the meeting.

Final Words

• The speaker sincerely thanks all members of the discussion council and expresses their respect for them.

• They learned much from Professor Pop-under Poland and participating in department sessions.

• The successful defense is a crown of their study at Saint Petersburg State University.

• The meeting is officially closed.