Journalists own a lot of information error. For the Olympiads, Olympiad tasks in the Russian language (grade 10) on the topic. Data from registries

O. M. KRAINIK

Preparation of students of grades 1X-X1 for the Russian language Olympiads

Stylistics. A culture of speech

Task I. Here is an excerpt from a poem by E. A. Baratynsky. What is the name of this poem? Why do you think so? Give analysis artistic means, with the help of which the image of the natural phenomenon described in the poem is created.

As if enchanted, I stand Above your smoky abyss And, I think, in my heart I understand Your wordless speech.

Task 2. How to create a comic effect in a sentence: A dog is fundamentally different from a person in that it does not know how to bark.

Task 3. From the following verbs, form the literary form of the 2nd person unit. imperative numbers, put an emphasis.

Notify, go, propitiate, withdraw, pluck, glue, whip out.

Task 4. In the above sentences, stylistic devices are used based on the figurative meaning of words. Name these techniques, explain their role in each sentence.

1) I read Apuleius willingly, but I did not read Cicero. (Pushkin).

2) Where, where have you gone, my golden days of spring? (He is).

3) The ruby ​​flame of wine was vibrating in the old decanter. (M. Gorky).

Continuation. For the beginning, see: RYASH. - 2012. -№ S-7.

Task S. List what features of the official business style are parodically played up, creating a comic effect in an excerpt from M. Bulgakov's novel "The Master and Margarita". What violations of the rules of paperwork have you noticed?

I beg you to issue me a certificate, ”Nikolai Ivanovich began, looking around wildly, but with great persistence,“ about where I spent the previous night.

What subject? the cat asked sternly.

On the subject of introducing the police and his wife, - said Nikolai Ivanovich firmly.

We usually do not give certificates, - answered the cat, frowning, - but for you, so be it, we will make an exception.

And before Nikolai Ivanovich had time to come to his senses, the naked Gella was already sitting at the typewriter, and the cat dictated to her:

I hereby certify that the bearer of this, Nikolai Ivanovich, spent the aforementioned night at a ball with Satan, being attracted there as a means of transportation ... put a parenthesis, Hella! Write hog in parenthesis. Signature - Behemoth.

And the number? - Nikolai Ivanovich squeaked.

We don't put numbers, with the number the paper will become invalid, ”the cat responded, flicked the paper, got a seal from somewhere, breathed on it according to all the rules, stamped the word“ sealed ”on the paper and handed the paper to Nikolai Ivanovich. After that, Nikolai Ivanovich disappeared without a trace.

Task 6. Before you is a pun-phrase. What linguistic phenomenon is used

Oh, Sicilian paradise! Oranges, grapefruits, grenades, machine guns, pistols! (M. Mishin).

Task 7. What pictorial and expressive means of language in the proposed passage emphasize the worthlessness of the existence of the lyric hero? Form the answer in the form of reasoning on a linguistic topic.

He longed for will and peace, And the years went like this, Like clouds over the workshop, Where his workbench hunched over.

(P aster nak).

Task 8. Imagine that you are a literary editor. Check the examples below for one of the most important requirements for any text - semantic accuracy - and indicate errors, if any.

2) At the exam, he confused not only all the myths, but also the names of ancient heroes and gods.

3) It is uncomfortable in the assembly shop, it is in disrepair.

4) From the end of the VI century BC. the stream of Greek tourists rushed to Egypt.

5) Champions today are unrecognizable, they play great.

6) Both parties signed a consensus.

7) Ikebana - a bouquet made of dry flowers.

8) One imprudent step - and your foot plunged into a small puddle, which was formed by the recent rain. Now she, shiny, decorated with a yellow leaf, cheerfully smiles at the affable sun.

9) According to the Hydrometeorological Center, during these three days in the capital, the monthly precipitation rate fell. The raging elements paralyzed the movement in the center of the capital. Traffic accidents have become more frequent.

10) Journalists have a lot of information.

Task 9. What do you know about such a phenomenon as a language game? Please comment on the ways to play language in the suggestions below. Explain

thread a mechanism on the basis of which the playing of linguistic units is built.

1) The oligarch does not fall far from the oligarch.

2) Bury your money at the Savings Bank.

3) One head is good, but with brains is better. 4) Schroeder is not das ist fiction. 5) The best way out of the Russian crisis is Sheremetyevo-2.

Task 10. In the book by V. V. Katanyan “Lilya Brik. Life ”about the poet Vladimir Mayakovsky we read: ... He leaned back in his chair, stretched his legs out from under the table and kindly asked - what did he owe a visit? Are there any bugs in this snippet?

Task 1. The poem is called "Waterfall". Sample analysis:

1) Metaphor of a smoky abyss. An image of something deep without a bottom arises, and immediately an association with water, because only water can create a curtain of "smoke" from drops and splashes.

2) Comparison as enchanted, standing over your smoky abyss allows you to present a picture of an all-consuming element, its unpredictability.

3) The combination of your speechless speech suggests the idea of ​​"speech without words." The ancient verb is "to speak." Speech without words can only be realized with sounds. The fall of water from a height is just accompanied by such sounds that look like a flowing stream of speech.

4) The verb thinks confirms the fact that the "speech" of the waterfall is impossible to understand. You can only admire the uncontrollable element, imagining yourself next to it.

Task 2. Bark - publish barking (direct); scolding, scolding (trans., contradictory). Bark (colloquially) - scold, swear. It is used only with animate nouns denoting persons who can speak. The comic effect is created due to the convergence of the direct and figurative meanings of words.

Task 3.

Notify - notify (s); go - go; propitiate - propitiate; withdraw - withdraw; pluck - pluck out; glue - glue; to whip out - to whip out.

Task 4.

1) I read Apuleius willingly, but I did not read Cicero - metonymic transference; metonymy allows in a generalized (more concise)

form to speak both about individual works of the named authors, and about their work as a whole, about the existence of these writers in general, about the attitude towards their work.

2) Where, where have you gone, golden days of my spring - a periphery; spring - youth (time of flowering, joy, life), golden (golden) - happy, beautiful; this paraphrase highlights the essential signs of youth, adolescence.

3) In the old decanter the ruby ​​flame of wine was vibrating - a metaphorical transfer, a metaphor; the hidden comparison of wine and flame creates the image of a mysterious (ancient) wine capable of lighting a fire inside the soul of wine, the ruby ​​color speaks of the depth of feelings and emotions. This wine encourages memories, awakens hidden passions.

Task S. The main features of the official business style, which are parodically played in literary text create a comic effect:

1) the use of specific vocabulary, stable cliches and clichés (for presentation to the police and to the spouse, I certify that the bearer of this is involved in quality);

2) concretization, clarification (hog);

3) the presence of a signature.

Violations of norms:

1) the wrong name of the document (such a document should be called a certificate, not a certificate);

2) inconsistency of the seal with the form of the document;

3) the presence of an error in the word (* paid *, paid normatively);

4) absence of a number (the document is valid only if there is a number).

The comic effect is created by an attempt to describe an extremely non-standard situation using a standard document.

Task 6. The pun is based on such a linguistic phenomenon as lexical homonymy. The word pomegranate has two meanings: I) southern fruit; 2) a throwing exploding projectile. The inclusion of the word grenade in the center of the listed row creates the so-called effect of disappointed expectations: the row begins with the names of fruits and ends with a listing of the types of weapons. This is how irony is expressed in a laconic linguistic form: the Sicilian paradise is the hell of mafia showdowns.

Task 7. The student should mark the following means:

1) the antithesis of the 1st line and the last three with the help of the union a and vivid lexical oppositions (thirsty, peace - higher / workshop, stooped - decreased.);

2) comparison of years. like a cloud emphasizes the transience of being. Moreover, the will and peace can be correlated with the clouds: the latter are subject to the wind (not free) and all the time they run somewhere, i.e. life goes by itself lyric hero does not affect her;

3) The impersonation of the hunched over workbench crosses out the word craves. Everyday life and vanity are more important, more important, they gradually "eat up" a person.

Task 8. The following mistakes were made in the sentences:

1) The word decade means "a period of time of 10 days." The proposal says about a period of 5 days.

2) Ancient gods do not and cannot have surnames.

3) Unsuccessful, inaccurate use of the word is uncomfortable.

4) Incorrect use of the word tourists in relation to the designated period of time.

5) The use of the phrase today is unrecognizable gives the whole sentence the wrong meaning (it seems that the champions played badly before).

6) You cannot sign a consensus. Either they signed an agreement or came to a consensus.

7) An error in the use of paronyms. Instead of arid, should be arid.

8) Incorrect use of a sentence with a personal pronoun (she), which can replace one of two words in the previous sentence (foot or puddle?).

9) Incorrect expression of accident cases. Cases can be, for example, diseases. Here: accidents have become more frequent.

10) Incorrect use of the word "bit" (it can only be small). Follows: possess a lot of information.

G. I. BUBNOVA - 2008

BILINGUAL OLYMPIAD "POLYGLOT"

ANISCHENKO NATALIA ANATOLIEVNA, BELOUS ANNA BORISOVNA, Rokunova OKSANA EVGENIEVNA - 2013

ON THE RESULTS OF THE FINAL STAGE OF THE ALL-RUSSIAN OLYMPIAD OF SCHOOLCHILDREN IN RUSSIAN LANGUAGE IN 2009

A. M. Belov and A. V. Grigoriev - 2010

ALL-RUSSIAN OLYMPIAD IN FOREIGN LANGUAGE "TEACHER OF THE SCHOOL OF THE FUTURE"

BAZHANOV ALEXANDER EVGENIEVICH, NIKOLAEVA VICTORIA VYACHESLAVOVNA - 2014

Grade 10

1. Decipher the anagrams of linguistic terms:

Iverbaubrat

form of thunder

track panizuwe

philatav

Indicate a term that stands out in terms of its meaning. Justify your answer.

Answer:

1. Abbreviation

2. Spelling

3. Onomatopoeia

4. Alphabet

Grade:

For each term 2 points, in total - no more than 8 points.

For specifying a term with a different meaning with justification - 2 points.

Total: maximum 10 points.

2. In spoken Russian, there are two antonymic words that are pronounced entirely with a closed mouth. Both of them consist of two syllables, and differ from each other by the place of stress and the quality of the consonant. Give the dictionary synonyms for these words. What sound occurring in one of these words is pronounced in a phrasedot all i ? What is it for? What is its difference from other consonants of the Russian language? Describe it as accurately as possible.

Answer:

1) These are interjectionsYes and No (Yes and no).

2) In a phrase dot all i fronti the glottal stop (knuckleut) is uttered.

3) This sound serves to prevent the assimilation of the vowel [and] in place of the letteri the preceding solid consonant (so that in placei the sound [s] was not pronounced: dotNS not necessary).

4) This is a occlusive laryngeal consonant, formed by the complete and relatively prolonged closure of the vocal cords. Its difference from all other consonants of the Russian language is that it is not pronounced in the mouth.

Grade:

for answering the first question - 2 points;

for answering the second question - 1 point;

for answering the third question - 2 points;

for the answer to the fourth question - 2 points for indicating the formation of sound outside the oral cavity, 1 point each for indicatinglarynx, vocal cords, bow.

Total: maximum 10 points.

3. Recently, there has been a tendency to distinguish between letterse and e ... Underline the letters where you can typee ... Explain your decision.

A) And ce Minerva strikes

At the top of the Riphean copy;

Silver and gold expires

In all your heritage.

Pluto is reeling in the crevices,

That the Ross is given over to

Drag its metal from the mountains,

Which nature hid there;

(M. V. Lomonosov)

B) When there is no agreement in the comrades,

Their business will not go well.

(I.A.Krylov)

C) Green Noise is humming,

Green Noise, spring noise!

Drenched in milk

There are cherry orchards

They make a quiet noise;

Warmed by the warm sun

The merry ones make noise

Pine forests;

And next to new greenery

They are babbling a new song

And the linden is pale,

And the white birch

With a green scythe!

(N.A.Nekrasov)

D) The village where Eugene was bored,

There was a lovely corner;

There is a friend of innocent delights

I could bless the sky.

The lord's house is secluded,

Shielded from the winds by a mountain,

I stood over the river ...

(A.S. Pushkin)

Answer:

1. B (A) the letter E should not be in any word. This is an ode, the style of which did not allow reading [o] in place of E.

2. In (B), one should also not write E in the word WILL GO. A fable in the 19th century no longer required an unambiguous reading [e] in place of any E, but in this case, E would destroy the rhyme.

3. В (В) in the words GOING, BUYING, GREEN, CHERRY, you can no doubt print Yo, since such a pronunciation is characteristic of Nekrasov's poetics. Naturally,we do not write the word FUN, as in FUN.

4. In (D) the question is very difficult. For Pushkin, it is not at all necessary to read [e] in place of any E, but in participles the pronunciation [e] lingered longer than in other positions. So there could be both Yo and E.

Grade: 2 points for each correct item.

Total: maximum - 8 points.

4 ... The left column contains words of the Czech language, and the right- their values ​​in no particular order. Taking into account the family ties of the Czech and Russian languages, bring the words and their meanings into line; justify your answer.

(Reference: in Czech, the combination of letters ch denotes a sound similar to the Russian sound [x], the letter h - the same sound as in wordswow, yeah; letter y denotes a sound similar to Russian [s];č - a sound similar to Russian [h];ž - a sound similar to the Russian sound [f]).

Czech words	The meanings of these words
dorost dotyk dovažek dráha hlína hnilička holota hrabivost chapadlo chrup	overripe pear touch appendage young people rabble greed teeth tentacle Earth tram

Answer:

The words Czech language	The values of these words	A comment
dorost	young people	Wed Russian growth, grow, shoot, shoot etc.; The idea of ​​growth has become in the Czech language the expression of the idea of ​​youth, youth.
dotyk	touch	Wed Russian poke, poke,which also express the idea of ​​touch, albeit of a slightly different nature.
dovaž ek	appendage	Wed Russian important,wag‘Weight, weight’, ‘large scales in the shopping area’, ‘a thick heavy log used as a lever for lifting weights“; the word came from German in Slavic languagesWage'scales".
drá ha	tram	Wed Russian drogy"Funeral carriage, chariot".
hlina	Earth	Wed Russian clay.
hnilič ka	overripe pear	Wed Russian rot (rotten, rot) ‘Decay, deteriorate, decompose."
holota	rabble	Wed Russian hungrybut ‘poor people, ragamuffins’.
hrabivost	greed	Wed Russian Rob"To take away by force in a robbery, to ruin with extortions, bribes, penalties", robbery, robber .
chapadlo	tentacle	Wed Russian seize'Grab'
chrup	teeth	Wed Russian frailь ‘eat by biting or nibbling with a bang.”

(Č esko- ruský slovní k. Podvedení mK. Horá lka, B. Ilka, L. Kopecké ho. Praha, 1965)

Grade:

0, 5 points - for a correctly defined value and 0.5 points for a correctly established relationship with the words of the Russian language, that is, for correct justification.

Total: maximum 10 points.

5 . According to the dictionary of V. I. Dahl, the wordreverendcan be applied to bothholy people (holy reverend prince ) and to tools:revere ax, revere chisel .

Expand the original meaning of the wordreverendin comparison with related words in modern Russian. Interpret the expressionreverend ax.

Answer:

In modern Russian, the wordreverend- single-root withsimilar, unmatched, likeness, befitting (befitting, befitting ), liken.

Idea likenessbased on the analysis of these words should be presented as a sequencedue, established order, sample. Compare: as befits - as it should, should, accepted, should ; befitting - as necessary, with a set of certain, necessary qualities ; unmatched - one that cannot be compared with the sample (compare: V. I. Dal:which is not similar in relation to good qualities; best, excellent, incomparable, unparalleled ), liken - compare with what the sample might be; pattern something.

Hence: reverendwith amplifying attachmentpre-: very, very worthy, possessing exceeding required by the set internal characteristics in the relevant activity ... Combination reverend ax V. I. Dal interprets asvery good, incomparable, excellent .

Grade:

3 (2 + 1) points - selection of related words and description of their meaning (2 points - for 1-3 words + 1 point if there are more than 3 words).

3 points - interpretation of the original meaning of the wordreverendthrough comparison with related words.

2 point - explanation of the expressionreverend ax .

Total: maximum - 8 points.

6. What is the language game based on in this sentence? How do you understand its meaning?

The girl Podzatylkina is remarkable only in that she is not remarkable at all. (A.P. Chekhov)

Answer:

This sentence plays on the polysemy of the adjectivewonderful: 1. Outstanding, extraordinary in its qualities. // Exceptional. // Very good. 2. Noteworthy; notable. Short formwonderfulused in different, opposed meanings. This is a special stylistic figure of speech (ploka). In this context, it serves to create irony.

The phrase allows for different interpretations:

A) The girl Podzatylkina was different from the othersexceptional (outstanding) ordinariness.

B) The girl Podzatylkina was already good because she did not attract attention to herself.

C) Podzatylkina's mediocrity is her only positive quality.

Grade:

An indication of the polysemy of an adjective - 1 b., An indication of the use of an adjective in different meanings - 1 b., Determination of the meanings of an adjective - 2 b. + 2 p., Indication of the use of a special stylistic figure - 1 p., Interpretation of different meanings of the phrase - 3 p.

Total - 10 p.

7 . What are the meanings of the wordyard can be derived from its derivatives? Group the words according to the meanings you have highlighted.

hotel palace, courtyard, courtyard, janitor, mongrel, courtyard (building), backyards, odnodvorets, courtyard (census), courtyard.

Answer:

Words derived from a polysemous word correspond with it strictly in one sense. Therefore, analyzing the meanings of derived words, one can get an idea of ​​the semantics of the motivating word. However, not all meanings of a word can be reflected in derived words.

1) From the word yardin meaning 1 "A plot of land near a house, fenced off by a fence or walls of buildings", the wordsyard, janitor, mongrel, yard (building), backyard (back of the yard).

2) From the word yardin meaning 2 “Peasant house with all outbuildings; separate peasant farm "formed by the wordscourtyard, odnodvorets, courtyard (census), courtyard .

3) From the names of institutions, institutions (gostiny dvor, mint, inn, etc.), only one word is formed -hotel palace .

Grade:

For the correct distribution of all 10 words -10 b.

8. Explain why the following character names are often found in Russian fairy tales about animals:Kotofey Ivanovich (cat), Lisafya Ivanovna (Fox), Petushaylo Ivanovich (rooster), Khavronya Ivanovna (pig), Mikhailo Ivanovich (bear)? What role does the word play in namingIvanovich ?

Answer :

A) Human names (Lisafya, Khavronya, Mikhailo ), as well as anthropomorphic names of animals, likened to anthroponyms (Kotofey- Timofey, Dorofey, Dosifei, Petushaylo - Mikhailo ) in Russian fairy tales performed the functionpersonifications... They emphasizedallegory, the allegorical meaning of the tale.

B) Word Ivanovich in the names of animals conditionally (they did not have a father named Ivan). Russian wordIvanovich , like a word of Ukrainian originBatkovich , able to replace any patronymic, compensate for its absence. itquasi-patronymic.

C) Word Ivanovich endows animals with Russian nationality. NameIvan met in Russian saints more than 70 times, this is due to its frequent use in the naming of Russian people. middle nameIvanovich was also one of the most common. Wed in “Russian Fairy Tales” by AM Gorky: “Once upon a time Ivanychs were wonderful people! What do not do with them - they are not surprised at anything! "

D) In ​​Russian traditional culture, the right to be called a patronymic was acquired only upon reaching the age of majority. Therefore, the heroes of fairy tales are endowed with the properties of adults.

E) Patronymic is used for respectful naming ("They call them by their name, but they call them by their patronymic"). The naming of animals by patronymic reflects their privileged position in the fairy world.

Grade:

An indication of the heterogeneity of the "personal names" of animals (human names and the names of animals similar to them) - 1 b.,

Definition of the personification function - 1 p.,

Role in creating the allegory of a fairy tale - 1 p.,

Conditional patronymic in naming animals, quasi-patronymic function (term is optional) - 2 b.

Characterizing function of naming: indication of nationality (2 p.), Adulthood (1 p.), Privileged position (1 p.).

Total: 9 pts.

9 ... In the "Dictionary of the Russian language 11-17 centuries." there is a dictionary entry with the heading word MASHTUK. The compilers of the dictionary could not give a definition to this word by putting a sign (?), However, they cited a quote from a written monument in which this word is used:

“And I never came to see me from him, but I’ll send in a flash about drills and bits ...зъ ∙ в̃ ∙ mashtukama "(1698).

Translate the selected text fragment into modern Russian.Justify your answer.

Answer:

"And there was no news from him to me, so I will specially send [news] about drills and chisels ... with two pieces."

The dictionary publishers misread the ancient text by incorrectly dividing it into words.The letter ∙ в̃ ∙ denoted the number 2, and -ma- this is the end of the dual number Tv. etc., as well as in the word formthing-ma;note that the spelling of the prepositionhreflects the living pronunciation of the writer, however, the voicing of the prepositioncpossible only before the consonant [d], while voicing [s] before [v]in the Russian language was not and is not; this also serves as an argument that the first word in the selection istwo.

Grade:

For correct readingdwema stukama- 5 points, for indicating the meaning of the letter ∙ в̃ ∙ - 1 point, for determining the shapepiece- 1 point, for a phonetic argument - 3 points.

Total: maximum 10 points.

10 . Determine what mistakes are in the sentences, explain them and correct them.

1. Both sides signed a consensus.

2. Ikebana - a bouquet made of dry flowers.

3. One imprudent step - and your foot plunged into a small puddle, which was formed by the recent rain. Now she, shiny, decorated with a yellow leaf, cheerfully smiles at the friendly sun.

4. According to the data of the hydrometeorological center, during these 3 days the monthly norm of precipitation fell in the capital. The raging elements paralyzed the movement in the center of the capital. Traffic accidents have become more frequent.

5. Journalists have a lot of information.

Answer:

1. You cannot sign a consensus. Either they signed an agreement or came to a consensus.

2. Instead of "arid" should be "arid". An error in the use of paronyms.

3. Incorrect use of a sentence with a personal pronoun, which can replace one of two words in the previous sentence.

4. Incorrect "accidents". Cases can be, for example, diseases. Here: More frequent accidents.

5. A fraction can only be small. Follows: have a lot of information.

Grade:

2 points for an answer to each question.

Total - 10.

The G20 summit has ended in Hangzhou, China. As in previous years, world leaders on the sidelines of the G20 discussed the problems of the world economy, energy and joint counteraction against terrorism. This year, the key topics of the talks of the Russian delegation were the settlement of the situation in eastern Ukraine, the Syrian issue and oil production.

During these two days, Vladimir Putin managed several times "on his feet" to talk with US President Barack Obama and discuss cooperation with Turkish leader Recep Erdogan, first met with the new British Prime Minister Theresa May and talked about the Normandy format with Angela Merkel and François Hollande. and also held an informal meeting with the BRICS leaders and presented a box of ice cream to the "host" of the summit, Xi Jinping.

How much did the Russian side and the G20 leaders agree?

Ukraine

The issue of resolving the situation in Ukraine became the main topic of negotiations with French President François Hollande and German Chancellor Angela Merkel. Initially, it was planned that the topic would be discussed at a trilateral meeting, but later the aide to the President of Russia Yuri Ushakov said that the event was canceled, as "our colleagues preferred, referring to the schedule, to hold two bilateral meetings."

Initially, the President of Ukraine Petro Poroshenko, despite the fact that Ukraine is not a member of the G20, offered to use the summit in Hangzhou to hold a Normandy format meeting at the highest level.

“This meeting was not agreed, and after the well-known events in Crimea, our president clearly stated his attitude to such a possible contact. We refused to even consider such a prospect, ”said the aide to the Russian president.

We will remind, then, according to the official version of the Russian authorities, Ukrainian saboteurs, including regular employees of the Ukrainian intelligence, planned to organize several explosions at strategic facilities in Crimea. After that, Poroshenko instructed to bring units in the area to combat readiness, and Russia held exercises in Crimea as part of a sudden check of the combat readiness of the armed forces.

Immediately after the incident, Vladimir Putin said that the planned meetings in the "Normandy format" were meaningless, since the Ukrainian authorities "instead of looking for a way of peaceful settlement, switched to the practice of terror."

Hollande announced a new meeting of the Normandy Four

In Hangzhou, after a meeting with Putin, the French president said that the parties agreed to organize a summit in the coming weeks with the participation of Germany, France, Russia and Ukraine. This agreement was also confirmed by Merkel.

“We must resolve issues that are blocking [the implementation of the Minsk agreements] today - in particular, the granting [certain areas of Donetsk and Luhansk regions] a special status, the security situation and the lack of trust between the parties [to the conflict],” the French president said.

It is curious that, despite Hollande's announcement of a new meeting in the Normandy format, the official website of the Russian president says nothing about this agreement: the communiqué following the meetings contains only phrases about the need for further interaction of the Normandy Four.

Meeting of Putin and Hollande. Photo: Kremlin press service

US President Barack Obama also raised the Ukrainian issue at the summit. Unlike Putin, he nevertheless held a trilateral meeting with Hollande and Merkel, but the details of the conversation are unknown.

Obama: until the Minsk agreements are fulfilled, the US will not lift sanctions

After a personal conversation with Putin, which also discussed Ukraine, Obama made it clear that the United States will not lift sanctions on Russia until the Minsk agreements are implemented.

“It is important for both sides to seize the opportunity in the coming weeks to finalize the document and understand the sequence in which the document will be translated into reality,” the American leader added.

The Kremlin responded evasively to the question about the further continuation of cooperation in the "Normandy format", noting that before deciding "there is still a lot of work to be done."

Later, at a press conference, Vladimir Putin described the future of the talks as follows: “I told the heads of France and Germany that the question is not whether to meet or not. The question is to look for solutions. And no one, as I see it, wants to meet just to meet. Maybe, except Poroshenko. "

Syrian question

The options for overcoming the Syrian crisis this time were discussed with special interest mainly by the heads of the foreign ministries. In particular, Sergei Lavrov and John Kerry discussed the cessation of hostilities and Russian-American cooperation in the fight against terrorist groups.

After the meeting, Kerry told reporters that Moscow and Washington had "a couple of acute serious issues," and their positions on them apparently did not agree: as a senior source from the State Department told Reuters, Larov and Kerry could not work out a common approach to solving the Syrian problem ...

According to Vladimir Putin, Syria is the "first topic" that was discussed at the meeting with Obama. In contrast to the members of the delegation, the heads of the United States and Russia felt "a certain rapprochement of positions and an understanding of what could be done to detente in Syria," and are already "on the right track."

At the same time, German Chancellor Angela Merkel was more concerned about the delivery of humanitarian aid to Aleppo. She stressed that Putin has enough influence to establish a truce in the region and can play a big role in providing humanitarian aid to the civilian population, as this issue is urgent.

Negotiations on the future of Syria took place against the backdrop of the Turkish operation "Shield of the Euphrates". On August 24, Turkey brought about 40 tanks into Syrian territory, which were supported by almost a thousand Syrian rebels. Less than two weeks later, the Turkish authorities announced the liberation of the border with Syria from the "Islamic State" (a terrorist organization banned in Russia), and the militants lost control over settlements from Azaz to Jerablus.

After the summit, Putin admitted that the entry of Turkish troops into Syria did not come as a surprise to Russia, especially since the movements of Turkish troops were noticeable.

“As for the surprise, we have a Ministry of Foreign Affairs and special services for this, so that we have fewer surprises. In principle, we understood what was happening, where it was going. It can be seen, and movements are visible, and aspirations, and problems are visible, which arise in the same Turkey in connection with the events in Syria. And she has such problems, ”he added, noting that Moscow does not welcome any actions that contradict the norms and principles of international law.

Oil

One of the main results of the Hangzhou summit can be considered the signing of a joint statement by Russia and Saudi Arabia on stabilizing the oil market and strategic partnership in the energy sector. According to Energy Minister Alexander Novak, this agreement actually opens a new era of cooperation "with our Arab friends."

The parties are actively discussing the possibility of freezing oil production for three or six months

The essence of the agreement is as follows: Russia and Saudi Arabia agreed to create a joint monitoring working group, which will monitor the performance of the oil market and work out joint actions to ensure the stability and predictability of the market. In addition, the parties are actively discussing the possibility of freezing oil production for three or six months.

Against the backdrop of news about the signing of a joint statement, world oil prices rose by more than 5%.

At a press conference in Hangzhou, Vladimir Putin, speaking about energy, noted that oil prices are now unfair and could be slightly higher. However, Russia has no reason to worry: according to the president, “in principle, we are satisfied with the current price”.

Closing the summit, the host of the event, Xi Jinping, summed up that breakthroughs were made in cooperation in the fight against corruption this year. After the G20, China decided to open a center to research this problem, and the G20 countries adopted an anti-corruption plan for 2017-2018.

In a final communique, international leaders called on all G20 members to ratify the UN anti-corruption convention. Russia signed the document back in 2003, but has not yet ratified several points, including Article 20 “Illegal Enrichment”. However, neither the Russian leader nor the delegates at the summit made any official statements on this score.

Generalization of the practice of considering disputes related to the conclusion, modification, termination of contracts

The conclusion of the contract is the achievement by the parties in the proper form of an agreement on all essential terms of the contract in the manner prescribed by law.

In judicial practice, the most common problem is the assessment of the evidence presented by the parties in support of the conclusion of the contract, and the interpretation of its terms, which is often due to the ambiguity and insufficient correctness of the wording of the terms of the contract, shortcomings in the legal registration of documents.

Change and termination of the contract are possible on two grounds:

1) by agreement of the parties;

2) in court at the request of one of the parties. Clause 2 of Article 450 of the Civil Code of the Russian Federation establishes the conditions for the exercise of the right to terminate the contract at the request of one of the parties.

Special conditions for changing and terminating the contract are provided for by Article 451 of the Civil Code of the Russian Federation in connection with a significant change in circumstances, while, based on the legal meaning of this provision, priority is given to termination of the contract. Clause 4 of article 451 of the Civil Code of the Russian Federation establishes, in addition to those specified in clause 2 of this article, two conditions in the alternative, under which, as an exception, amendment of the contract is allowed.

Since, when setting out the rules on changing and terminating the contract, the legislator operates with evaluative categories, including when defining the concepts of “material breach of the contract by the other party”, “significant change in circumstances” (“significant degree”, “reasonably foreseeable”, “significantly different conditions "), it is rather difficult to formulate unambiguous conclusions that are valid for a similar factual situation. The result of considering disputes in this category may turn out to be different, since the rules of law themselves in this case imply a significant freedom of judicial discretion based on specific factual circumstances. The summary provides some examples that reflect the most common approaches to resolving such cases.

I. Conclusion of a contract

1. General Provisions

1. The absence in a written contract of the signature of at least one of the parties indicates the fact that an agreement on the essential terms of the contract has not been reached and the contract has not been concluded.

The transfer of rights and obligations under an agreement that is not concluded is impossible ( case N A60-9669 / 03)

Sh. Filed a lawsuit against T., K. to transfer to her the rights and obligations of the buyer under the contract for the sale and purchase of 34 securities (ordinary registered uncertified shares of the closed joint-stock company "R").

By the decision of July 16, 2003, the claims were satisfied.

The court proceeded from the fact that the shares had passed into the possession of K. on the basis of an oral purchase and sale transaction. This circumstance, although it does not correspond to paragraph 1 of Art. 161 of the Civil Code of the Russian Federation, but does not entail the invalidity of the transaction by virtue of Art. 162 of the Civil Code of the Russian Federation. Since T. did not inform the shareholders of his intention to sell shares of company "P", the acquisition of shares of company K. violates the plaintiff's preemptive right to acquire shares.

By the decision of the appellate instance dated October 23, 2003, upheld unchanged paragraph stopping dated 05.01.2004 N Ф09-3871 / 03, the decision was canceled, the claim was refused in connection with the following.

By virtue of paragraph 1 of Art. 432 of the Civil Code of the Russian Federation, an agreement is considered concluded if between the parties, in the form required in appropriate cases, an agreement is reached on all the essential terms of the agreement.

In the securities purchase and sale agreement available in the case file, the buyer's signature K. is absent, the agreement on the essential terms of the agreement is not certified by the signatures of both parties to the agreement, therefore there is no reason to consider the agreement concluded. Due to the fact that the conclusion of a transaction for the sale and purchase of shares in any form (written or oral) between T. and K. is not confirmed by the materials of the case, the transfer order indicates a purchase and sale agreement that is not the subject of this claim, the conclusion of the court of appeal about the absence of grounds for the transfer of the rights and obligations of the buyer in accordance with paragraph 3 of Art. 7 of the Federal Law "On Joint Stock Companies" under an agreement that has not been concluded, was recognized by the court of cassation as justified.

The defendant's argument about the non-application by the court of the norms of Art. 162 of the Civil Code of the Russian Federation and confirmation of the fact of purchase and sale of K.'s shares by the transfer order is rejected, since the transfer order specifies another purchase and sale agreement, and not the one according to which the plaintiff's claims for the transfer of rights and obligations are stated.

2. If the protocol of disagreements to the contract was not signed by one of the parties, the contract is not considered concluded (e tree number A60-9376 / 2005)

The entrepreneur went to court with a claim to recover from limited liability companies"P" the amount of losses caused by the defendant's improper performance of obligations under the contract.

By the decision of 22.06.2005, upheld by the decision of the court of appeal of 01.08.2005 and of 26.10.2005 N F09-3540 / 05, the claims were rejected.

M Between the plaintiff and the defendant, an agreement was signed on the provision of services for organizing trade, under the terms of which the defendant undertook to provide the plaintiff with services to create the possibility of organizing trade activities, and the plaintiff undertook to pay for the services rendered. In this case, the plaintiff sent a protocol of disagreements to this agreement to the defendant, which was not signed by the defendant.

Thus, on the offer sent by the plaintiff - the protocol of disagreements, from the respondent of the acceptance - there was no acceptance of the proposal to sign this protocol.

Guided by Art. 432, 438 of the Civil Code of the Russian Federation, the courts concluded that the contract, the violation of obligations under which serves as the basis for a claim for recovering losses, was not concluded between the plaintiff and the defendant, and therefore it cannot give rise to any rights and obligations for the parties.

Since the plaintiff filed a claim for the recovery of losses caused by the defendant's improper performance of obligations under a contract that was not concluded, the claims were denied.

3. If the agreement stipulates that its essential conditions are subject to agreement in an additional agreement (annex) to the agreement, but such agreement does not meet the requirements for the form or procedure for its conclusion provided for by this agreement, the agreement is not concluded ( case N A60-9040 / 2005)

The limited liability company "U" filed a lawsuit against the limited liability company "I" to recover the debt for the supplied rye.

By the decision of the court of 10.06.2005, upheld by the ruling of the court of appeal of 01.08.2005 and by the ruling of the Federal Arbitration Court of the Ural District of 13.09.2005 N F09-2928 / 05, the claims were satisfied in full. The courts proceeded from the following.

A supply agreement was signed between the parties, under the terms of which the company "U" (supplier) delivers the goods on time and on the terms established by this agreement and the supplementary agreement, and the company "I" (the buyer) is obliged to pay the monetary amount and take the goods.

By concluding a contract for the supply of goods, the parties have established that the name of the goods, quantity, price, total cost and quality of the goods are determined by an additional agreement.

Under the terms of the agreement, the parties recognize the legal force of the documents signed and transmitted by facsimile, which must be replaced by original copies within 10 days from the date of sending the facsimile copy.

The supplementary agreement, the conclusion of which is stipulated by the contract, was received by facsimile method, however, evidence of replacement of the signed facsimile copy of the supplementary agreement with the original one in accordance with the terms of the contract was not provided.

In such circumstances, the courts, based on Articles 431, 432, paragraph 3 of Art. 455, paragraph 2 of Art. 465 of the Civil Code of the Russian Federation, came to the conclusion that the parties did not reach an agreement on the subject of the contract, therefore, the contract is not concluded.

4. Payment of an invoice issued under an agreement signed by an unauthorized person is an acceptance and confirms the conclusion of an agreement between the parties in accordance with clause 3 of article 438 of the Civil Code of the Russian Federation ( case N А60-19078 / 05)

Closed joint-stock company "G" filed a lawsuit against the defendant to recover the debt under the contract for the provision of consulting services.

Limited Liability Company "S" did not acknowledge the claim and filed a counterclaim on recognizing the specified agreement as not concluded and recovering from the company "G" the amount of unjust enrichment.

By a court decision dated October 24, 2005, the claims on the initial claim were satisfied in full. The counterclaim was left without consideration on the basis of clause 7 of Art. 148 APC RF.

By the decision of the court of appeal of 10.05.2006 and by the ruling of the Federal Arbitration Court of the Ural District of 11.07.2006 N F09-5934 / 06 the decision was left unchanged.

An agreement was signed between the plaintiff and the defendant for the provision of consulting services, in accordance with the terms of which the contractor (plaintiff) undertook to provide the customer (defendant) with the consulting services specified in the annex to the contract, necessary for the implementation of the customer's economic activities, and the customer undertook to pay for these services in the manner and on the terms specified in the contract.On behalf of the defendant, the contract was signed not by the executive body, but by the financial director, who was not entitled to conclude transactions on behalf of a legal entity, did not have a power of attorney giving the right to act in the interests of the defendant.

At the end of the training seminar, the plaintiff issued an invoice to the defendant to pay for consulting services under this agreement.

This invoice was paid by the defendant by a payment order, indicating in quality the purpose of payment of the invoice payment for consulting services under this agreement.

Based on the provisions of clause 3 of Article 438 of the Civil Code of the Russian Federation, the court concluded that the respondent, having paid the invoice with reference to the above purpose of payment, made an acceptance of the proposal sent by the plaintiff to conclude an agreement to provide consulting services. This circumstance testifies to the consent of the defendant to conclude an agreement for the provision of consulting services, including consent to the conditions agreed in the annexes to the agreement, despite the signing of these documents by an unauthorized person - citizen L.

Having recognized the contract for the provision of consulting services as concluded, having established the fact that the plaintiff had provided services that were not paid for by the defendant, the court satisfied the requirements for the initial claim to recover the debt for the services rendered.

5. An agreement subject to state registration, signed before the commencement of the functions of state registration by the registering authorities, is considered concluded from the moment of its signing in the form established by law and subsequent state registration does not require (case N А60-30575 / 04)

Limited Liability Company "S" filed a lawsuit against the City Property Management Committee for compulsion to conclude a sale and purchase agreement for non-residential premises.

By the decision of the court dated 04.10.2005, upheld by the decision of the court of appeal dated 30.11.2005 and by the ruling Federal Arbitration Court of the Ural District dated 13.02.2006 N Ф09-1500 / 05, the claims were satisfied.

In July 1999, a lease agreement was signed between the City Property Management Committee and Society "C" - the winner of the tender for the right to long-term lease of non-residential premises. Under the terms of the contract, the tenant acquires the right to purchase non-residential premises after three years from the date of the contract.

By virtue of paragraph 2 of Art. 609, paragraph 2 of Art. 651 of the Civil Code of the Russian Federation, a lease agreement for real estate for a period of more than a year is subject to state registration and is considered concluded from the moment of such registration.

Within the meaning of the Federal Law "On State Registration of Rights to Real Estate and Transactions Therewith", state registration of rights to real estate is registration carried out in the manner prescribed by the said law, and performed by specially created bodies.

Art. 32 of the Federal Law "On State Registration of Rights to Real Estate and Transactions with It" provides for a phased introduction of a system of state registration of rights to real estate and transactions with it.

The institution of justice for state registration of rights to real estate and transactions with it in Yekaterinburg began to exercise its functions from 08/02/1999, the acceptance of documents for state registration from legal entities began from 08/02/1999.

Registration of the agreement with the technical inventory authorities is not state registration within the meaning of the Federal Law "On State Registration of Rights to Real Estate and Transactions with It", therefore, the moment of concluding a lease agreement cannot be associated with the moment of such registration.

Since the controversial lease agreement was signed before the start of state registration, the rule on the need for its state registration and on its non-conclusion due to the absence of such registration (clause 3 of article 433 of the Civil Code of the Russian Federation) cannot be applied to it. Consequently, this agreement is considered concluded from the moment of its signing in the form established by law, and did not require subsequent state registration.

A similar position was reflected in judicial acts in case No. Federal Arbitration Court of the Ural District from 22.03.2004 N Ф09-705 / 04-ГК).

6. A contract, the subject of which is animals, must contain conditions that allow them to be identified, since animals as objects of civil rights have not generic, but individually defined characteristics.

In the absence in the contract of an indication of the individually defined characteristics of animals, the contract is not concluded (case No. 11848/2003)

Unitary enterprise "P" filed a lawsuit against the limited liability company "I" to invalidate (void) the contract of sale, referring to the fact that it does not comply with Art. Art. 49, 295 Civil Code, the transferred property participated in the production process of the unitary enterprise, the owner's consent to alienate the property was not received.

By a court decision of 23.04.2004, the claims were dismissed. The court indicated that the sale of the property did not lead to the impossibility of the plaintiff to carry out his activities, in addition, the contested contract is a normal commercial transaction for the sale of agricultural products, and not the alienation of movable property assigned to the enterprise on the basis of the right of economic management, directly participating in the production process.

By the decision of the court of appeal of 23.06.2004, the decision was left unchanged. At the same time, the court of appeal did not agree with the arguments of the first instance court about the invalidity of the contested agreement, and, based on Article 432 of the Civil Code of the Russian Federation, declared it not concluded.

Decree of 28.09. 2004 N F09-3173 / 04 the court of cassation upheld the conclusions of the court of appeal, which are as follows.

A purchase and sale agreement was signed between the plaintiff and the defendant. Articles 455, 465 of the Civil Code of the Russian Federation provide that the condition of the purchase and sale agreement on a product is considered agreed if the agreement allows the name and quantity of the product to be determined. The terms of the contract stipulate that the goods are transferred in accordance with the Appendix. The application established that 283 cows were transferred.

Article 137 of the Civil Code of the Russian Federation provides that animals are subject to general rules on property insofar as the law or other legal acts do not provide otherwise. However, as objects of civil rights, cows do not have generic characteristics, but individually determined ones, therefore, in this case, the condition about an object with individually defined characteristics is not agreed. The same applies to young cattle; in addition, in the appendix to the contract, the unit of measurement is indicated in centners, which in no way makes it possible to establish the number of animals transferred under the contract.

Since the condition for the product has not been agreed upon, the sale and purchase agreement cannot be recognized as concluded (Articles 432, 454, 455, 465 of the Civil Code of the Russian Federation).

Thus, a contract, the subject of which is individually defined things, must contain conditions that make it possible to clearly identify its subject.

7. The agreement on the assignment of the right of claim is recognized as not concluded if it does not contain an indication of the size, content and basis for the emergence of the transferred right, since in this case the condition on the subject is inconsistent ( case N A60-20646 / 05)

Open Joint Stock Company "E" applied in court with a claim against a limited liability company"Yu" on the collection of the amount of debt transferred to the plaintiff under the contract of assignment of rights, the amount of interest for the use of other people's funds in the manner of Art. 395 of the Civil Code of the Russian Federation.

Decision from 04.11.2005 the claims were satisfied in full. When making the decision, the court of first instance proceeded from the fact that the respondent did not pay for the goods received from the plaintiff, and therefore the amount owed on the basis of Art. Art. 307, 309, 395 of the Civil Code of the Russian Federation.

By the decision of the court of appeal dated 02.02.2006, upheld by the decision Federal Arbitration Court of the Ural District of 04.05.2006, No. F09-3423 / 06, the decision was canceled, the claims were denied on the basis of the following.

M Company P (assignor) and Company E (assignee) signed an agreement on the assignment of the right of claim, in accordance with which the assignor transferred to the assignee (plaintiff) the right to claim the debt under the supply agreement concluded between Company P and the defendant.

Chapter 24 of the Civil Code of the Russian Federation is devoted to the legal regulation of the change of persons in an obligation, a particular case of which is the assignment of the right of claim. Since this chapter does not directly indicate which conditions of the assignment are essential, insofar as by virtue of clause 1 of Art. 432 of the Civil Code of the Russian Federation, an essential condition of the contract of assignment of claim is the condition on its subject. The assignable right must be individually determined, while the individualization of the claim is achieved subject to the specification of its content, size and the basis for the occurrence of the claim. Accordingly, in the absence of an agreement between the parties on the subject of the assignment (the transferred right of claim), the assignment agreement cannot be considered concluded.

Meanwhile, it is impossible to determine from the content of the contract for the assignment of rights (cession) which claims (their size and content), which arose on the basis of the delivery contract, were transferred to the plaintiff.

By its legal nature, an assignment agreement (assignment of a claim) means a change of persons in an obligation, i.e. disposal of the original creditor from the legal relationship. The assignment of the claim is expressed in the transfer by the original creditor to the new creditor of a certain right by virtue of the transaction.

It follows from the foregoing that the assignment of a claim presupposes the existence of the very initial obligation between the debtor and the original creditor, and a specific claim arising from this obligation to be transferred to the new creditor. In this case, the subject of the assignment can be the creditor's right to claim in the obligation in the absence of any obligations to the other party in this obligation (i.e. not stipulated by reciprocal performance), the assigned claim must be valid and indisputable.

Thus, the assignment agreement must clearly define the specific claim to be transferred to the new creditor, and indicate the obligation from which it arose, i.e. the subject of the assignment has been agreed.

Since the parties, when concluding the agreement on the assignment of rights (cession), did not agree on a condition on its subject, the courts, based on the provisions of clause 1 of article 432 of the Civil Code of the Russian Federation, concluded that the agreement was not concluded and refused to collect the amount owed under this agreement ...

8. If, under the terms of the supply agreement, the name and quantity of the goods is subject to agreement in the annex to the agreement and there is no such annex, the supply agreement shall be deemed not concluded.

In this case, the actual delivery of the product is assessed as a one-time purchase and sale transaction and is payable upon proof of receipt by the defendant of the product from the plaintiff ( d ate No. A60-37294 / 2004, case No. A60-14706 / 2004)

Limited Liability Company "A" filed a lawsuit against the closed joint-stock company "U" to recover the debt for the goods delivered under the contract, interest accrued under Art. 395 of the Civil Code of the Russian Federation, and transportation costs.

By the decision of 12.24.04, the claims were satisfied in full.

By the decision of the court of appeal of 22.02.2005, upheld by the decree of 10.05.2005 N F09-1164 / 05, the decision was changed, the amount of the principal debt and interest for the use of other people's funds in a smaller amount were collected from the defendant. The rest of the claim was dismissed due to lack of proof of the costs incurred.

The parties signed a supply agreement, according to the terms of which the goods are indicated in the annex to the agreement, hereinafter referred to as the "Specification". The specified specifications are not presented by the parties.

Taking into account these circumstances and guided by paragraph 1 of Art. 432, paragraph 3 of Art. 455, paragraph 2 of Art. 465 of the Civil Code of the Russian Federation, the courts concluded that the supply agreement does not allow determining the name and quantity of the goods to be transferred, therefore it is not concluded.

However, in fact, nthe products were delivered to the defendant under consignment notes that contain all the necessary information about the persons who received the specified products from the plaintiff. The power of attorney attached to the consignment notes for the receipt of the products from the plaintiff has been drawn up in accordance with the requirements of the current legislation. The fact that the products were received by the defendant was documented by the materials of the case. In this regard, the courts assessed the deliveries by the plaintiff of products that took place by virtue of Art. 454 of the Civil Code of the Russian Federation as one-time purchase and sale transactions and collected from the defendant the amount of debt for the supplied products on the basis of Articles 309, 486 of the Civil Code of the Russian Federation, as well as interest under Article 395 of the Civil Code of the Russian Federation.

A similar position was reflected in the decision in case A60-14706 / 2004 (left unchanged p.by the termination of the Federal Arbitration Court of the Ural District from 11.11. 2004 N F09-3719 / 04): the supply agreement was recognized as not concluded due to the inconsistency of the condition on the name and quantity of the goods, since the buyer's applications do not allow a conclusion to be drawn about the agreement of the subject of delivery and the quantity of the goods, the possibility of determining the name of the goods in the unilateral applications of the buyer, as well as the number the applications themselves are not provided for in the contract; the sales plan presented by the plaintiff as evidence of the agreement of the essential terms of the contract does not contain references to the contract, its preparation by the named contract is not provided, it does not have a clear name of the goods and units of measurement, it does not allow to establish the presence and the essence of the obligations of the parties. Consequently, the specified plan can not be considered either an independent supply contract or an annex to the contract.

9. If it follows from the content of the supply agreement and other case materials that one of the parties or both parties consider it necessary to agree on a price condition, this condition is recognized as essential for this agreement (clause 1 of article 432 of the Civil Code of the Russian Federation)

In the absence of a price condition in this case, the contract is not concluded (case А60-12846 / 2004)

Open joint-stock company "A" filed a lawsuit against open joint-stock company "P" to recover the debt for undelivered products and penalties for late delivery.

By the decision of 23.07.2004, upheld by the decision of the court of appeal of 03.11.2004, the claims were rejected.

From 16.02. 2005 N F09-213 / 05 judicial acts were changed (the amount of debt was collected, the penalty was refused).

The parties signed a contract for the supply of products.

It follows from the materials of the case that both the plaintiff and the defendant consider it necessary to agree on a price condition, i.e. give it the meaning of an essential condition of the contract. This circumstance is evidenced by the explanations of the parties in the process, the terms of the contract, as well as the claim filed in this case, in which the plaintiff substantiates the claim precisely by disagreements in the cost of the product to be supplied.

Having established that the conditions on the procedure for determining the price contained in the contract are mutually exclusive, however, the delivery by the defendant was made and the plaintiff paid for, the court of appeal concluded that there was a legal relationship between the parties from the oral sales contract. Since the condition on the price in this agreement was not agreed by the parties, the court proceeded from the provisions of clause 3 of Article 424 of the Civil Code of the Russian Federation and recognized that the amount transferred by the plaintiff corresponds to the price that existed at the time of delivery for a similar product, therefore, the grounds for satisfying the plaintiff's claims for the recovery of the cost in advance paid but not delivered goods, no.

The court of cassation in this part did not agree with the conclusions of the courts of first and appeal, stating that given the fact that the defendant accepted payment on the invoice and the lack of evidence in the case of notifying the buyer of the price change due to late payment of the invoice, the "R" community had no grounds for delivery goods at a price not agreed with the plaintiff.

10. A payment order indicating payment for a certain product as the purpose of payment does not in itself indicate that the parties have entered into a supply (purchase and sale) agreement in the absence of other written evidence of the legal obligations arising between the parties (case No. А60-25625 / 2003)

Limited Liability Company "E" filed a lawsuit against the closed joint-stock company "L" to recover the amount of unjust enrichment, indicating in support of the claim that the parties only intended to conclude an agreement, but could not agree on its conclusion, and part of the transferred amount was returned by the defendant to voluntarily.

By a decision of November 26, 2003, the claim was rejected, since the plaintiff did not prove the fact that the defendant acquired or saved property without the grounds established by law or the transaction, and also did not confirm the fact of the defendant's enrichment at the expense of the plaintiff's property.The court proceeded from the fact that the plaintiff, by payment order, transferred the sum of money to the defendant in payment for the invoice for the grid-rack, i.e. there was a commitment relationship between the parties.

By the decision of the appellate instance dated 16.02.04, the decision was left unchanged. The appellate court concluded that an oral agreement was concluded between the parties on the sale and purchase of a grid-rack and the defendant has an obligation to supply the plaintiff with this product (Articles 153, 158, 162, 314, 506 of the Civil Code of the Russian Federation). At the same time, the court recognized as admissible evidence, testifying to the conclusion of a supply agreement between the parties, a payment order for transferring a sum of money to the defendant as an advance payment for the rack-net and explanations of the plaintiff's representative. Since the contract for the supply of the rack grid concluded between the plaintiff and the defendant did not terminate and the parties did not conclude an agreement on its termination, the stork in accordance with clause 2 of Article 314 of the Civil Code of the Russian Federation did not present the defendant with a demand for the supply of the rack grid, then the defendant's obligation to implement this supply did not stop, therefore, the property acquired under the current contract cannot be considered unjust enrichment.

By the decision of the Federal Arbitration Court of the Ural Districtfrom 14.05. 2004 N F09-1342 / 04 judicial acts were canceled, the case was sent for new consideration.

The court of cassation, based on paragraph 1 of Art. 161, paragraph 1 of Art. 435, paragraph 3 of Art. 438 of the Civil Code of the Russian Federation, proceeded from the fact that the payment order for which the payment was made has a date preceding the date of the invoice for which the payment was made, while the invoice itself is not in the case file. Therefore, the invoice cannot be considered as an offer (clause 1 of article 435 of the Civil Code of the Russian Federation), and payment as an acceptance (clause 3 of article 438 of the Civil Code of the Russian Federation).

Consequently, it is not possible to draw a conclusion about the conclusion between the plaintiff and the defendant of an oral agreement on the sale and purchase of a grid-rack (Articles 432, 435, 438, 454, 455, 506 of the Civil Code of the Russian Federation).

11. An invoice for payment for goods (works, services) is not sufficient evidence of the existence of contractual relations between the parties in the absence of other written documents (e body N A60-28892 / 2005)

Open Joint Stock Company "B" filed a lawsuit against the limited liability company "T" to recover the debt for the installation of a telephone and telephone services.

By the decision of the court of first instance of 13.02.2006, upheld by the decision of the Federal Arbitration Court of the Ural District from 14.06.2006 N Ф09-4849 / 06, the claim was refused.

Company "B", believing that there was a contractual relationship between it and the defendant for the provision of telephone services, presented the latter with an invoice for payment of services, which the defendant refused to pay.

Refusing to satisfy claims, the courts, based on Art. 65 of the Arbitration Procedure Code of the Russian Federation, proceeded from the fact that the plaintiff did not prove the fact of the conclusion between the parties of an agreement for the provision of telephone services, as well as the fact that the plaintiff provided these services to the defendant.

The invoice presented in support of the claim was accepted in confirmation of the fact of the provision of communication services, since it does not comply with the statutory requirement on the admissibility of evidence (Article 68 of the Arbitration Procedure Code of the Russian Federation).

The applicant's link to paragraph 2 of the information letter of the Presidium of the Supreme Arbitration Court Russian Federation dated 05.05.1997 N 14 was rejected, since in accordance with this clarification, the actual use by the consumer of the services of the obliged party should be considered in accordance with paragraph 3 of Art. 438 of the Civil Code of the Russian Federation as an acceptance by a subscriber of an offer proposed by a service provider. In this case, the plaintiff did not prove that he was a party to the provider of communication services, nor did he prove the actual use of the said services by the defendant. Consequently, the legal relationship of the parties cannot be considered as contractual.

In such circumstances, the court concluded that the case materials did not contain adequate evidence of the existence of contractual relations between the parties for the provision of communication services or the actual provision of these services to the defendant.

12. A contract of sale and purchase of a share in the ownership of real estate shall be deemed concluded if it contains information about the total area of ​​the real estate object and the address of its location.

The absence in the contract of sale of a share in the ownership of immovable property of the technical characteristics of immovable property is not a basis for concluding that the contract of sale and purchase of a share in the ownership of this immovable property is not concluded (case No. А60-2811 / 2005)

Limited Liability Company "A" filed a lawsuit against two entrepreneurs to declare the purchase and sale agreement not concluded, referring to the fact that the agreement is a real estate purchase and sale agreement, the subject of which has not been determined by the parties, since there is no information about which areas in the building are the subject of purchase and sale, their location, name, purpose, area, number of storeys.

By the decision of 06.04.2005. the claims were denied.

By the decision of the court of appeal dated 03.06.2005, the decision was left unchanged.

The courts proceeded from the fact that the subject of the sale and purchase agreement is the property right - a share in the ownership of the real estate object, and not the object itself, in connection with which the plaintiff's requirement to determine the location of real estate on the corresponding land plot or as part of other real estate, is unfounded; the subject of the contract has been agreed upon by the parties, and therefore there are no grounds for recognizing the contract as not concluded.

By the decision of the Federal Arbitration Court of the Ural Districtfrom 08.08.2005 N F09-2488 / 05 judicial acts were left unchanged. The cassation court proceeded from the following.

A sale and purchase agreement was concluded between the plaintiff and the defendants, according to which the seller undertook to sell, and the buyers - to pay and take into the common shared ownership 2/3 of the share in the ownership of the unfinished construction object (the total area and address of the location are indicated).

Thus, two-thirds of the share in the common property right (1/3 of each share) on the object of unfinished construction, the total area and location of which are determined by the parties, that is, the parties, indicating the location of the object, individualized the property, are subject to transfer to the common share ownership of the defendants. to be transferred.

The plaintiff's argument about the absence of the object's address in the agreement was recognized as untrue, since the agreement contains the building address that existed at the time of its conclusion, later clarified when the object was put into operation.

The discrepancy between the actual area of ​​the object and the area specified in the text of the agreement does not indicate that the subject of the agreement is not defined, since, in accordance with the agreement concluded between the parties, the area of ​​the object was subject to clarification after it was accepted by the State Commission and the BTI received technical information.

The argument that the agreement did not indicate the identifying characteristics of the land plot and the location of the object on it was rejected, since this information was established by a certificate of state registration of ownership.

Considering that the information specified in the purchase and sale agreement makes it possible to definitely establish the subject of the agreement, all courts came to the conclusion that there were no grounds for declaring the agreement not concluded. However, the conclusion of the courts of first and appeal instances that the rules on real estate transactions cannot be applied to the contract of sale and purchase of a share in ownership of a real estate object was recognized by the court of cassation as erroneous.

13. The absence of a document on the transfer of property for rent is not a basis for the conclusion that the lease agreement has not been concluded, since the transfer act within the meaning of paragraph 1 of Art. 611, paragraph 1 of Art. 655 of the Civil Code of the Russian Federation is a document confirming the execution of the concluded contract, and not an agreement on the essential terms of the contract (case No. А60-39378 / 2004)

Limited Liability Company "U" appliedwith a claim against society with limited liability "P" on the collection of rent arrears for the use of non-residential premises under a lease agreement.

By a decision of January 23, 2006, the claims were satisfied. The court of first instance proceeded from the fact that during the period for which the plaintiff filed a claim to collect rent, the lease was in effect, since after its expiration it was renewed under the same conditions for an indefinite period by virtue of paragraph 2 of Art. 621 of the Civil Code of the Russian Federation. The absence of an act on the transfer of premises for rent, the preparation of which is provided for in paragraph 1 of Art. 655 of the Civil Code of the Russian Federation and clause 1.2 of the lease agreement does not indicate a failure of the lessor to transfer the premises for lease, since at the time of signing the agreement the premises were already in use by the company on the basis of the lease agreement and the act of transfer that were previously in force between the parties. Since the company did not fulfill its obligation to pay the rent, the court collected the full amount of the rent and a penalty for late payment for the period specified by the plaintiff.

By the decision of the court of appeal of 03.04.2006, the decision was canceled. The claim was denied. The court proceeded from the fact that the lease agreement was not concluded, since it did not contain specific data allowing to designate the property being leased out, it did not indicate the location in the building and other signs that would make it possible to accurately establish the leased object and its condition.

Decree Federal Arbitration Court of the Ural District from 30.05.2006 N F09-4295 / 06 the decision of the court of appeal was canceled, the case was referred for new consideration to the court of appeal in connection with the following.

A lease agreement was signed between the company "U" (the lessor) and the company "P" (the lessee), according to which the company "U" undertook to provide the company "P" for temporary paid use of non-residential premises for use for sewing production and household services for a period of 11 months (the contract specifies the total area of ​​the premises and the address of the building in which the premises are located).

The court of cassation recognized the conclusions of the court of appeal as inconsistent with the provisions of paragraph 1 of Art. 432, paragraph 3 of Art. 607 of the Civil Code of the Russian Federation and the materials of the case, from which it is seen that the parties agreed on the location of the premises, there was no dispute regarding the subject of the contract, the parties signed an additional agreement to the contract, correspondence was conducted regarding the execution and termination of the contract, the company, declaring claims, proceeded from the fact that lease agreement concluded.

In such circumstances, the appellate court had no grounds for concluding that the contract was not concluded due to the inconsistency of its subject matter.

The defendant's references in the consideration of this case to the fact that, under the terms of the contract, in the absence of an act of acceptance and transfer of premises, the contract was not concluded, were recognized as insolvent. Requirements for the conclusion of contracts are established by law. In addition, the deed of transfer within the meaning of paragraph 1 of Art. 611, paragraph 1 of Art. 655 of the Civil Code of the Russian Federation is a document confirming the actual transfer of property to the lessee. The absence of such an act does not in itself affect the conclusion of the lease agreement.

2. Conclusion of an agreement in court

14. A claim for compulsion to conclude an agreement containing an indication of its validity period, which at the time of consideration of the claim has expired, is not subject to satisfaction, since it is impossible to conclude an agreement for the past time and extend its terms to the past period (case No. А60-595 / 2005)

The unitary enterprise filed a lawsuit against the limited liability company "O" about the obligation of the defendant to conclude a contract for the use of utilities on the terms proposed by the plaintiff.

By the decision of the court of first instance dated July 14, 2005, upheld by the decision of the court of appeal of August 22, 2005 and the decision Federal Arbitration Court of the Ural District dated 06.10.2005 N F09-985 / 05, the claim was denied.

The parties signed an agreement for the use of utilities of the shop of the "O" company with a protocol of disagreements. The defendant refused to agree on the terms of the agreement in the version of the protocol of disagreements. The contract contained a clause on the duration of its validity, while the expiration date of the contract at the time of the court's consideration of this dispute had already come.

In accordance with Art. 425 of the Civil Code of the Russian Federation, the contract comes into force and becomes binding on the parties from the moment of its conclusion. Within the meaning of the norms of Ch. 28 of the Civil Code of the Russian Federation governing the conclusion of an agreement, agreements are concluded to achieve results for the future. Item 2, Art. 425 of the Civil Code of the Russian Federation provides that only the parties have the right to establish that the terms of the agreement concluded by them apply to their relations that arose before the conclusion of the agreement.

In the event of an obligation by the court of the parties to conclude a controversial agreement, their rights and obligations will arise only for the future - from the moment the decision enters into legal force (Article 180 of the Arbitration Procedure Code of the Russian Federation). However, the term of the contract is determined from 08.04.2003 to 31.12.2003, that is, the time for which the plaintiff asks to conclude the contract has already passed.

Thus, the court does not have the right to oblige to conclude an agreement for the past time and extend its conditions to the past period.

15. If the law does not provide for the obligation of the parties to conclude an agreement, the provisions of Article 445 of the Civil Code of the Russian Federation shall not be applied.

The claim for compulsion to conclude an agreement (on recognizing the agreement as concluded) in this case is not subject to satisfaction (case No. 27617/2003, case N А60-5292 / 04)

The individual entrepreneur filed a lawsuit against the state institution for the recognition of the contract for the provision of sanitary and epidemiological services to the prisoners in the wording of the plaintiff, referring to the fact that, in accordance with Art. 11 of the Federal Law of 30.03.99 N 52-FZ "On the Sanitary and Epidemiological Welfare of the Population" is obliged to conclude such an agreement, but the defendant did not exercise the right provided for in paragraph 1 of Art. 445 of the Civil Code of the Russian Federation, for the transfer of disagreements to the court.

By the decision of 12.02.2004, upheld by the decision of the court of appeal of 19.05.2004 and the decree of 11.08.2004 N Ф09-2536 / 04, the claims were denied.

The defendant offered the plaintiff to conclude an agreement for the provision of sanitary and epidemiological services, sending the corresponding draft agreement. The plaintiff, disagreeing with the wording proposed by the defendant, sent the latter for signing the protocol of disagreements.

The terms of the contract proposed by the plaintiff were not accepted by the defendant due to inconsistency with the current legislation of the Russian Federation on sanitary and epidemiological control. In order to settle the dispute, the respondent sent a dispute resolution protocol to the plaintiff, which was not signed by the plaintiff.

Art. 11 of the Federal Law "On the Sanitary and Epidemiological Welfare of the Population" establishes the obligations of individual entrepreneurs and legal entities. There is no norm on the obligation to conclude an agreement for the provision of sanitary and epidemiological services. The Civil Code of the Russian Federation and the legislation of the Russian Federation on sanitary and epidemiological control do not provide for the obligation to conclude such agreements for the body of sanitary and epidemiological supervision.

Consequently, the norms of Art. 445 of the Civil Code of the Russian Federation, to which the plaintiff refers to substantiate his claims, are not applicable in this dispute.

By virtue of the principle of freedom of contract (Article 421 of the Civil Code of the Russian Federation), citizens and legal entities, at their discretion, conclude an agreement and determine its conditions.

Since the parties have not reached an agreement on all the essential terms of the agreement, it cannot be recognized as concluded (Article 432 of the Civil Code of the Russian Federation).

A similar position is reflected in judicial acts in case No.stopping Federal Arbitration Court of the Ural District fromSeptember 27, 2005 N F09-3949 / 04: based on Article 545 of the Civil Code of the Russian Federation, the courts concluded that the current legislation does not provide for an unconditional obligation of the subscriber under the power supply agreement to conclude such an agreement with the subscriber, indicating that the plaintiff's connection to a heating main, built by the defendant for his own needs, will be an encumbrance to the owner, and not the services that the organization must provide in relation to each according to the nature of its activities (Article 426 of the Civil Code of the Russian Federation).

16. A claim for forcing a medical institution to conclude an agreement for the provision of medical and preventive care (medical services) under compulsory medical insurance is not subject to satisfaction, since the current legislation does not provide for the obligation of a medical institution to conclude such agreements (d body No. А60-10437 / 05 )

Limited Liability Company "M" filed a lawsuit against the city hospital in court for compulsion to conclude an agreement for the provision of medical and preventive care (medical services) under compulsory medical insurance on the terms of the submitted project.

By a court decision of June 27, 2005, upheld by an appeal court decision of August 11, 2005 and a resolution Federal Arbitration Court of the Ural District from 06.10.2005 No. F09-3276 / 05 the claim was rejected.

Society "M" sent the city hospital a draft contract for the provision of medical and preventive care under compulsory medical insurance. In support of the conclusion of this agreement, a copy of the agreement of compulsory medical insurance of working citizens, concluded between the company and the open joint-stock company "U", was attached to it.

Article 15 of the Law of the Russian Federation "On medical insurance of citizens in the Russian Federation" provides for the right of the plaintiff as an insurance medical organization to freely choose a medical institution for the provision of medical care and services under medical insurance contracts, as well as his obligation to conclude contracts for the provision of medical care to the insured under compulsory medical insurance for the provision of medical services, health and social services to citizens under voluntary medical insurance contracts with any medical or other institutions.

In accordance with Art. 421 of the Civil Code of the Russian Federation, coercion to conclude an agreement is not allowed, except in cases where the obligation to conclude an agreement is provided for by this Code, the law or a voluntarily accepted obligation. There is no voluntary commitment by the city hospital.

The plaintiff's arguments that the refusal of a medical institution to conclude an agreement with a medical insurance organization would entail a violation of the constitutional rights of citizens was rejected. The cassation court indicated the following.

Citizens of the Russian Federation are guaranteed the right to health protection and medical care in accordance with the Constitution of the Russian Federation (Article 41). Methods for realizing the rights of citizens to health care and receiving medical care are enshrined in the Fundamentals of Legislation of the Russian Federation on the Protection of Citizens' Health, approved by the Supreme Soviet of the Russian Federation on July 22, 1993 N 5487-1.

According to Art. 20 of the Fundamentals of the Legislation of the Russian Federation on the Protection of the Health of Citizens, citizens have the right to free medical care in the state and municipal health systems. The guaranteed volume of free medical care is provided to citizens in accordance with the Program of state guarantees for the provision of free medical care to citizens of the Russian Federation. Citizens also have the right to additional medical and other services on the basis of voluntary medical insurance programs, as well as at the expense of enterprises, institutions, organizations, their personal funds and other sources not prohibited by the legislation of the Russian Federation, as well as the right to receive medical care within the framework of compulsory health insurance.

In accordance with Art. 5 of the Law of the Russian Federation "On Health Insurance of Citizens in the Russian Federation", each citizen in respect of whom a health insurance contract has been concluded or who has entered into such an agreement independently receives a medical insurance policy, which is valid throughout the territory of the Russian Federation, as well as in the territories of other states ... In the health insurance system, citizens of the Russian Federation have the right to receive assistance throughout the territory of the Russian Federation, including outside their permanent place of residence (Article 6 of the said Law). Consequently, a citizen of the Russian Federation can seek help from any medical institution on the territory of the Russian Federation.

Thus, the absence of an agreement concluded between the “M” society and the city hospital for the provision of medical and preventive care under compulsory health insurance does not affect the exercise by citizens of the Russian Federation of their rights to receive medical care.

17. Evasion of the grid organization from concluding a contract for the provision of services for the transmission of electrical energy if the plaintiff has the status of an energy sales organization and the sending of the necessary documents to the defendant containing all the essential terms of the contract for the provision of services for the transmission of electrical energy is the basis for compulsion to conclude an agreement on the basis of paragraph 4 of Art. .445 of the Civil Code of the Russian Federation, Part 2 of Article 26 of the Federal Law "On Electric Power Industry" (case No. A60-39446 / 05)

Limited Liability Company "E" filed a lawsuit against the open joint-stock company "R" for compulsion to conclude an agreement on the provision of services for the transmission of electrical energy on the terms set forth in the draft agreement sent to the defendant.

By the decision of the court of 22.02.2006, upheld by the ruling of the court of appeal of 20.04.2006 and p.stopping Federal Arbitration Court of the Ural District from09.08.2006 № Ф09-6787 / 06, the claims were satisfied in full.

The plaintiff sent the defendant a proposal to conclude an agreement on the provision of services for the transmission of electrical energy, to which there was no response from the defendant.

According to Art. 426, 445 of the Civil Code of the Russian Federation, the contract for the provision of services for the transmission of electrical energy is a public contract and the refusal of a commercial organization to conclude such an agreement, if it is possible to provide the consumer with the relevant services, is not allowed. In case of unjustified evasion of a commercial organization from its conclusion, the consumer has the right to apply to the court with a demand to compel to conclude an agreement.

This norm corresponds to the provision of par. 3 p. 2 art. 26 of the Federal Law "On Electricity", according to which, in case of unjustified evasion of the grid organization from concluding an agreement for the provision of services for the transmission of electrical energy, the buyer has the right to apply to the court with a demand to compel the grid organization to conclude the specified agreement in accordance with civil law.

The terms of the contract are determined at the discretion of the parties, unless the content of the relevant condition is prescribed by law or other legal acts (Article 422 of the Civil Code of the Russian Federation).

The provision of services for the transmission of electrical energy is carried out on the basis of a contract for the provision of paid services related to public contracts (clause 2 of article 26 of the Federal Law "On Electricity"). A similar provision is contained in clause 9 of the Rules for non-discriminatory access to services for the transmission of electrical energy and the provision of these services dated December 27, 2004 N 861.

Society "R" by virtue of Art. 3 of the Federal Law "On Electricity" is a grid organization - a commercial organization that provides services for the transmission of electrical energy using power grid facilities that are not part of the unified national (all-Russian) electrical network. This circumstance is confirmed by the totality of the evidence presented, including the decisions of the Regional Energy Commission. In this regard, the defendant's argument about his lack of the status of a network organization was rejected.

It follows from the materials of the case that the plaintiff is the purchaser of electricity under electricity supply contracts in connection with the need to fulfill his obligations to other persons (consumers) to supply them with electricity. Consequently, according to Art. 3 of the Federal Law "On Electric Power Industry", the plaintiff is an energy sales organization.

Thus, since the plaintiff has the status of an energy sales organization necessary for concluding an agreement for the provision of services for the transmission of electric energy, and the defendant is a grid organization, insofar as by virtue of the provisions of the Federal Law "On Electricity", the Rules of the Wholesale Electricity (Power) Market of the Transitional Period, the access to services for the transmission of electrical energy and the provision of these services dated December 27, 2004 N 861, the company "R" was obliged to conclude an agreement if all of its essential conditions are agreed.

The plaintiff sent the defendant documents containing all the essential conditions of the contract for the provision of services for the transmission of electrical energy (data on the point of destination of electricity, its recipient, timing, volumes).

In this regard, the courts concluded that the company "R", by virtue of the norms of the current legislation on the electric power industry and taking into account the actual circumstances (legality of the plaintiff's actions, compliance with the requirements established by law), had an obligation to conclude an agreement for the provision of transmission services electrical energy. Since the defendant evaded the obligation under Art. 445 of the Civil Code of the Russian Federation, the court satisfied the claim.

The defendant's arguments that the impossibility of concluding a contract is due to the lack of certain conditions, mandatory for his conclusion, provided for in paragraph 2 of Art. 26 of the Federal Law "On Electricity", by virtue of which the plaintiff must first obtain the status of a subject of the wholesale electricity market (participate in the wholesale electricity market), and then have the right to demand to conclude an agreement for the provision of services for the transmission of electrical energy, were recognized insolvent. The appellate court indicated that the absence of the plaintiff of the electricity purchase and sale agreement with the supplier in accordance with Article 26 of the Federal Law "On Electricity" is not a condition that prevents the conclusion of a service agreement, since this article establishes mandatory conditions for the execution of a service agreement for the transmission of electrical energy , and not the mandatory conditions for the conclusion of this agreement.

18. In the event of a transfer of disagreements arising at the conclusion of an agreement to the court for consideration on the basis of Articles 445, 446 of the Civil Code of the Russian Federation, the court is not entitled to include in the content of the agreement a condition under which the parties did not reach an agreement, if the establishment of such a condition is the right of the parties (case N А60-23168 / 2005)

Open Joint Stock Company "R" filed a lawsuit against the federal agency for the obligation to conclude a lease agreement for a land plot on the terms proposed by the plaintiff. One of the disagreements between the parties concerned the definition of the term of the contract.

By the decision of the court of first instance dated November 22, 2005, upheld by the decision of the court of appeal dated February 13, 2006, the uncoordinated clause of the agreement on the duration of the agreement was approved as follows: "The term of the lease agreement for the land plot is established until 13.05.2009. In accordance with clause 2 of article 425 of the Civil Code of the Russian Federation, the terms of this agreement apply to relations that have arisen from May 14, 2004 - the moment the lessee starts using the land plot - until the conclusion of this agreement. "

Decree Federal Arbitration Court of the Ural District fromOn May 29, 2006, N F09-3557 / 06, the judicial acts were changed. The court of cassation excluded from the controversial clause of the agreement the indication on the application of the terms of the agreement to the relations that arose before its conclusion, guided by the following.

In accordance with paragraph 3 of Art. 433 of the said Code, an agreement subject to state registration is considered concluded from the moment of its registration, unless otherwise provided by law.

According to paragraph 2 of Art. 425 of the Civil Code of the Russian Federation, the parties have the right to establish that the terms of the agreement concluded by them apply to relations that arose before the conclusion of the agreement.

By virtue of Art. 421 of the aforementioned Code, citizens and legal entities are free to conclude an agreement, compulsion to conclude an agreement is not allowed.

As follows from the above legal norms, the possibility of extending the terms of the contract to the relations of the parties that arose before its conclusion is the right of these parties and requires the consent of all persons entering into the contract. Since the plaintiff asked to accept the controversial clause of the contract in its wording, which does not contain provisions on the application of the terms of the contract to relations that arose before its conclusion, the court of cassation concluded that the courts were incorrectly applying Art. 421, 425 of the Civil Code of the Russian Federation.

Considering that the parties did not reach an agreement on this condition, the arbitration courts were not entitled to include it in the contract, and therefore it should be excluded.

19. When resolving a pre-contractual dispute, the court must establish civil rights and obligations, clothed in the form of the terms of the contract, by which the parties will be guided in their further relations, and set out in the operative part the conditions under which the parties are obliged to conclude a contract ( case N А60-2072 / 04)

Open Joint Stock Company P filed a lawsuit against the Ural interregional branch of the Russian Federal Property Fund, a specialized state institution under the Government of the Russian Federation, to approve the terms of the land purchase and sale agreement on the redemption price.

By the decision of 05.05.2004, the claim of the plaintiff was satisfied: the terms of the contract for the sale and purchase of the land plot on the amount of its redemption price were approved.

By the decision of the appellate instance dated 06.07.2004, the decision was left unchanged.

The courts of first instance and the courts of appeal proceeded from the fact that the decision of the relevant authority on the provision of the land plot and the conclusion of the sale and purchase agreement had been made with a significant violation of the time period established by the land legislation; property, and also that value added tax is not subject to inclusion in the price of the land.

Decree Federal Arbitration Court of the Ural District from 04.10. 2004 N F09-3253 / 04 judicial acts were canceled, the case was sent for new consideration. The cassation court indicated the following.

Based on the requirements set out in the statement of claim, a dispute between the parties to this case arose upon the conclusion of a contract for the sale of a land plot. In fact, the court considered a pre-contractual dispute. Meanwhile, the operative part of the decision does not correspond to both its motivation part and the requirements of Art. 173 APC RF.

In accordance with Art. 173 of the Arbitration Procedure Code of the Russian Federation on a dispute arising from the conclusion or amendment of the contract, the operative part of the decision indicates the conclusion of the arbitration court on each controversial condition of the contract, and on a dispute about compulsion to conclude an agreement, the conditions on which the parties are obliged to conclude the contract are indicated.

The approval of the terms of the contract on the price by a court decision does not entail any legal consequences for the parties to the disputed legal relationship, since the parties are not obliged by a judicial act to conclude an agreement on certain conditions.

In addition, the court did not take into account that the claim made by the plaintiff does not correspond to the methods of protecting civil rights listed in Article 12 of the Civil Code of the Russian Federation, and cannot be attributed to other methods provided for by law.

A similar position is expressed in the decisions of the appellate and cassation instances in case A60-7712 / 05 (decision Federal Arbitration Court of the Ural District of 18.10.2005, No. F09-3373 / 05): when declaring a demand for coercion to conclude a sale and purchase agreement, the plaintiff must submit a draft containing the terms of the agreement, which are examined and evaluated by the court when resolving the dispute (Art. 445 of the Civil Code of the Russian Federation). Since such a project was not submitted by the applicant, the refusal to satisfy the claim was recognized as lawful.

20. The tenant's preemptive right to conclude a contract for a new term can only be exercised if the lessor has expressed the will to conclude a contract for a new term. The very fact that the lessee properly fulfills his obligations under the lease agreement is not a basis for satisfying the requirement of the obligation to conclude a lease agreement for a new term ( case N А60-11812 / 2003)

Limited Liability Company "B" filed a lawsuit against the Ministry of State Property Management to compel the defendant to conclude a lease agreement for a property complex for a new period, referring to the provisions of paragraph 1 of Art. 621 of the Civil Code of the Russian Federation and believing that, by virtue of the specified rule of law and the terms of the contract, it has the preferential right to conclude a lease agreement, since it properly performed the duties of the lessee.

By the decision of 19.08.03, upheld by the decision of the court of appeal of 16.10.03 and the decision Federal Arbitration Court of the Ural District from 13.01.2004 N F09-3927 / 03, the claim was denied.

The parties entered into a lease agreement for the property complex. In connection with the expiration of the term of the agreement, the lessor notified the lessee that a lease agreement for a new term would not be concluded with him, and offered to prepare the leased property complex for transfer to the lessor.

From the content of Article 621 of the Civil Code of the Russian Federation, it follows that the tenant's subjective right to preferential conclusion of a lease agreement for a new term can be exercised by him only if the lessor transfers the disputed property to a third party for lease, and this pre-emptive right is subject to protection by the methods established by paragraph 3 of clause 3. 1 article 621 of the Civil Code of the Russian Federation - the right to demand the transfer of rights and obligations under a lease agreement or compensation for losses.

Since there is no evidence in the case file that the disputed property was leased to third parties, the courts concluded that the plaintiff's claim to compel the defendant to prolong the lease cannot be satisfied.

A similar position is reflected in the judicial acts in the caseN А60-15499 / 04 (left unchanged pstopping Federal Arbitration Court of the Ural District from25.01.2005, No. F09-4549 / 04).

II... Change of contract

21. Changes can only be made to the current contract.

If the contract has terminated, the claim for the obligation to amend the contract is not subject to satisfaction (case N А60-11467 / 05)

The open joint-stock company "R" filed a lawsuit against the state unitary enterprise "U" for the obligation to amend the contract for the operation of a non-public railway track.

By a decision of June 1, 2005, the claims were denied on the grounds that the term of the disputed agreement had expired, and since the condition under which it was extended was not met, the parties' obligations under the agreement were terminated, therefore there are no grounds for amending the agreement.

By the decision of the court of appeal dated July 21, 2005, the decision was upheld. The court recognized the condition, depending on the occurrence of which the parties put the extension of the term of the agreement, contrary to Article 157 of the Civil Code of the Russian Federation and, as a consequence, null and void, since the extension of the term of the agreement is due to the behavior of the defendant (compliance with the terms of the agreement), the proper performance of its contractual obligations, i.e. .e. depends on the will of one of the parties.

Decree Of the Federal Arbitration Court of the Ural District of 17.10.2005, No. F09-3358 / 05, the judicial acts were left unchanged.

The plaintiff and the defendant entered into an agreement for the operation of a non-public railway track belonging to the enterprise "U"

Based on the legal meaning of Art. 450 of the Civil Code of the Russian Federation, changes can only be made to the current contract.

Meanwhile, the contract specifies the period of its validity until a certain date, which at the time of the presentation of the claim has already come. The court did not recognize the condition that the term of the contract is extended subject to the conditions of the contract in terms of the time the cars stay on the non-public railway track no more than 44 hours, the court did not recognize as the basis for extending the term of the contract. Consent 157 of the Civil Code of the Russian Federation, a transaction is considered complete under the condition if the emergence or termination of rights and obligations is made by the parties dependent on a circumstance regarding which it is not known whether it will occur or not. Since in this case the extension of the term of the contract is made by the parties dependent on the behavior of the defendant, on the proper or improper performance of contractual obligations by him, which cannot be attributed to the event, insofar as this condition of the contract contradicts Art. 157 of the Civil Code of the Russian Federation and is null and void.

Thus, the term of this agreement has expired, therefore, the requirement for the obligation to amend this agreement is not subject to satisfaction.

22. Achieving the goal of the contract and obtaining the result that the party expected when concluding the contract is the basis for refusing a claim for amending the contract on the basis of clause 2 of article 450 of the Civil Code of the Russian Federation ( case N A60-4247 / 2004)

Open joint-stock company "M" filed a lawsuit against the Administration of the municipality to amend the contract for the sale of real estate in terms of the payment procedure and the introduction of an additional condition providing for the presence of real estate in the pledge of the seller until its full payment by the buyer, referring to the fact that that, having lost the ownership of the real estate object, he did not receive reciprocal satisfaction from the defendant in the form of a document confirming his participation in the shared construction of the gas pipeline.

By the decision of 24.06.2004, upheld by the ruling of the court of appeal of 20.10.2004 and the decree of 22.12.2004 N Ф09-4225 / 04, the claims were refused on the basis of the following.

The plaintiff and the defendant entered into a contract for the sale and purchase of real estate, according to which the plaintiff transferred a detached non-residential building to the defendant for the purpose of organizing a gas boiler house. As a counter execution, the defendant, under the terms of the contract, is obliged to issue the plaintiff a document confirming his participation in shared construction. The price of the non-residential building agreed by the parties is included in the buyer's costs for the construction of the gas pipeline in terms of the share participation of M in the said construction.

On the basis of this sale and purchase agreement, the Justice Institution for state registration of rights to real estate and transactions with it made the registration of the ownership of the municipality.

After analyzing the text of the sales contract in accordance with Art. 431 of the Civil Code of the Russian Federation, taking into account the additional agreement, the courts concluded that the purpose of the purchase and sale agreement is to organize a gas boiler house and the seller to obtain an appropriate share in this project.

At the time of the consideration of the case, the gas pipeline was built, the gas boiler house, as its component, was used by the parties for its intended purpose, which testifies to the achievement of the goal of the contract and the receipt by the plaintiff of the result, which he had the right to count on when concluding it.

Thus, there was no violation of the contract by one of the parties and causing damage to the other party, therefore there are no grounds for changing the contract established by paragraph 2 of Article 450 of the Civil Code of the Russian Federation.

23. Termination of an agreement with other counterparties is not recognized as a significant change in circumstances that is the basis for changing the contract with the defendant in accordance with clause 2 of article 451 of the Civil Code of the Russian Federation ( case No. A60-21753 / 2003)

Open joint-stock company "S" filed a lawsuit against open joint-stock company "A" to change the terms of the contract for the supply and consumption of electrical energy due to a significant change in circumstances on the basis of Art. Art. 451 - 453, 539 of the Civil Code of the Russian Federation. The changes consist in the fact that energy will be supplied to the respondent to the power receivers specified in the contract, and to two additional power receivers in connection with the termination of power supply contracts with a third party due to the termination of his activities; according to the plaintiff, from the moment of termination of these contracts, relations for the supply of energy to the two receiving devices should be established with the company "A" as the owner of this property.

By the decision of 08.12.2003, upheld by the decision of the court of appeal dated 19.02.2004 and the decree Federal Arbitration Court of the Ural District from 31.05. 2004 N F09-1569 / 04, the claims were refused in connection with the following.

The parties have concluded an agreement on the supply and consumption of electrical energy.

In accordance with Art. 539 of the Civil Code of the Russian Federation, an energy supply agreement is concluded between the energy supplying organization and the consumer.

For two power receiving devices, for which the claimant's claim to amend the contract is declared, the power supply of the municipality and other sub-subscribers is carried out; the defendant is not a consumer of electrical energy through the disputed power receivers. These devices were transferred by the defendant under a lease agreement to another person.

Having analyzed the power supply schemes of the company "A", the courts established that the equipment transferred under the lease agreement is an energy receiving device that meets the established technical requirements and is connected to the networks of the power supply organization. It also follows from this diagram that society "A" consumes electricity through another energy receiving device.

Since the power-receiving device was in the possession of another person and not the defendant, the courts concluded that this power-receiving device had to be independently connected to the networks of the energy supplying organization.

Thus, the plaintiff has not proven the existence of significantly changed circumstances that give rise to amendments to the contract in relation to paragraph 2 of article 451 of the Civil Code of the Russian Federation.

III... Termination of an agreement

24. The discovery in the sold product of unrecoverable defects that cannot be eliminated without disproportionate costs or expenditures of time, or defects that are revealed repeatedly or appear again after their elimination is recognized as a significant violation of the contract by the seller and is the basis for its termination at the buyer's request on the basis of clause 2 of article 450, clause 2 of article 475 of the Civil Code of the Russian Federation.

Termination of the contract is allowed in relation to the part of the goods in which the corresponding deficiencies have been identified (case No. А60-24395 / 2004)

An individual entrepreneur filed a lawsuit against the closed joint-stock company "T" to terminate the purchase and sale agreement for showcases, recover the amount of losses caused by the termination of the contract, the obligation of the company "T" to pick up 10 showcases, in respect of which the contract is terminated.

By the decision of 22.11.2004, upheld unchanged pby the termination of the court of appeal dated June 29, 2005 and by the decision Federal Arbitration Court of the Ural District from 24.10.2005 N F09-3226 / 05, the claims were satisfied in full: the sale and purchase agreement in part 10 of the showcases was terminated. The amount of losses was recovered from the company "T" in favor of the entrepreneur; The plaintiff's demand for the obligation of the “T” company to pick up 10 low-quality showcases, in respect of which the contract is terminated, was rejected, since no legal justification was given to this demand.

Under the contract of purchase and sale, the company "T" handed over refrigerated display cases to the entrepreneur, which were subsequently transferred by the entrepreneur to another person.

After the installation and commissioning of the commercial equipment, during its operation, glass broke in ten showcases. Subsequently, after replacing the damaged glasses, they burst again, which served as the basis for the plaintiff's appeal to the court with a claim to terminate the contract with the "T" company.

The expert's conclusion established that structural defects were the cause of the glass damage.

Based on these circumstances, the courts came to the conclusion that there were significant violations of the requirements for the quality of the goods (paragraph 2 of article 475 of the Civil Code of the Russian Federation), in particular, shortcomings that are revealed repeatedly.

Thus, the defendant improperly fulfilled his contractual obligations, which was recognized by the court as a material breach of the contract, giving rise to its termination in the part concerning the goods in which the corresponding deficiencies were found, and the recovery of the amount of losses caused by the termination of the contract.

25. Improper performance by the borrower of the obligations to maintain the thing in good condition or its maintenance, a significant deterioration in the condition of the thing due to the actions of the borrower is the basis for terminating the contract for gratuitous use in court on the basis of clause 1 of Article 698 of the Civil Code of the Russian Federation, if the proposal to terminate the contract the other party has refused or no response has been received (case No. А60-18370 / 03)

The administration of the municipality filed a lawsuit against the public association to terminate the agreement concluded between the company "X" and the defendant, in connection with the defendant's failure to fulfill obligations for the proper maintenance of the property, which led to a significant deterioration of the property.

By the decision of October 28, 2003, upheld by the decision of the court of appeal of April 30, 2004, IPstopping Federal Arbitration Court of the Ural District from 12.10.2004, No.F09-534 / 04, the contract was terminated on the following grounds.

Society "X" transferred to the defendant the possession and use of a pavilion for athletes at the stadium of the society until 2035. Claims regarding the condition of the premises were not recorded in the acceptance certificate.

According to the contract of purchase and sale, the company "X" sold the property complex, including the premises transferred to the defendant to the Ecological Fund of the Administration of the municipality, which, in turn, on the basis of the contract, transferred the specified property to the municipal ownership of the Administration under the act of acceptance and transfer. It follows from the act that the property is inoperative, subject to major repairs and is not used for its intended purpose.

The judicial acts of the arbitration court in another case that have entered into legal force established that the contract concluded between the company "X" and the defendant,has the legal nature of the contract for gratuitous use.

By virtue of Article 700 of the Civil Code of the Russian Federation, the grantor has the right to alienate the thing or transfer it for paid use to a third party. In this case, the rights under a previously concluded contract of gratuitous use are transferred to the new owner or user, and his rights in relation to the thing are encumbered with the rights of the borrower.

Based on these provisions, the plaintiff, being the owner of the disputed property, acts within the framework of the gratuitous use agreement as a lender, and the defendant as a borrower.

The materials of the case confirm that at the time of transferring the municipal property, the sports pavilion was not used for its intended purpose, was in an inoperative destroyed state, disconnected from the central heating due to non-payment and improper maintenance of the networks,traces of desolation and disorder were found in the pavilion, the glass in the windows was broken, measures to maintain the premises in good condition, the responsibility for which was assigned to the defendant, were not carried out, which led to a significant deterioration of the property, the restoration of which requires current and major repairs.

Proceeding from these circumstances, since the defendant undertook an obligation to keep the premises transferred to him in full working order and in proper sanitary condition, the courts concluded that the defendant did not properly perform the measures for the maintenance of the disputed object, which led to a significant deterioration in his condition.

Fulfilling the requirements of clause 2 of Article 452 of the Civil Code of the Russian Federation, the plaintiff sent the defendant by registered mail a proposal to terminate the contract, but he did not receive an answer to it within the time limits established by this rule.

In such circumstances, the plaintiff's claim for early termination of the contract for gratuitous use was recognized by the court as justified, the contract was terminated on the basis of Article 698 of the Civil Code of the Russian Federation.

26. Failure to fulfill the obligation to transfer the technical documentation necessary for the licensee to exercise the rights under the license agreement, in the absence of a list of such documentation agreed by the parties, is not recognized as a significant violation of the agreement, which is the basis for its termination in accordance with clause 2 of article 450 of the Civil Code of the Russian Federation

The expiration of the license agreement entails the termination of the obligations of the parties, therefore, the termination of the license agreement upon the expiration of the period for which the right to the invention was granted is impossible ( case N А60-7129 / 05)

Limited Liability Company "I" filed a lawsuit against a state institution to terminate the license agreement, referring to the fact that the defendant committed a material breach of the contract, namely: the plaintiff was not provided with the necessary documentation; in addition, by concluding the contract, the plaintiff expected to receive a certain amount of shot, while the nozzle made according to the sketches was not capable of ensuring the industrial production of shot.

By the decision of the court of first instance of 24.05.2005, the claim was satisfied, the license agreement was terminated due to the presence of significant violations on the part of the defendant. The absence of complete technical documentation (in particular, design drawings of nozzles and nozzle assemblies) was recognized as a significant violation, which does not allow the plaintiff to carry out industrial production of steel shot according to the method of melting and spraying patented by the defendant. These circumstances served as the basis for the conclusion that the plaintiff is largely deprived of what he had the right to count on when concluding the contract.

By the decision of the court of appeal dated July 22, 2005, upheld by the decision Federal Arbitration Court of the Ural District from 19.10.2005 N F09-3443 / 05, the decision was canceled, the claim was refused in connection with the following.

The parties concluded a licensing agreement registered with Rospatent, according to the terms of which the licensor (defendant) undertook to transfer to the licensee (plaintiff) for the duration of the agreement and for a fee the non-exclusive right to use the invention under the patent "Method for producing metal powder" to obtain powder shot by spraying melts ... In accordance with the terms of the agreement, the licensor is obliged to provide and transfer to the licensee all the necessary and sufficient technical documentation for the implementation of the method for obtaining metal shot within 30 days from the date of registration of the agreement with Rospatent.

Based on Article 450 of the Civil Code of the Russian Federation, in order to satisfy the plaintiff's claims to terminate the contract, it is necessary to establish the presence of violations of its conditions, as well as their materiality.

The courts of appeal and cassation came to the conclusion that there was no proof of violation of the terms of the contract on the part of the defendant.

The agreement stipulates that the licensor transfers to the licensee the necessary and sufficient technical documentation for use, provides technical and other assistance.

According to the terms of the license agreement, technical documentation is the documentation required to implement the method (annex to the agreement). However, there is no such an appendix in the case file, the parties did not draw up it. The list of technical documentation to be transferred to the licensee in accordance with the terms of the license agreement has not been agreed upon by the parties, under this documentation the parties mean different documents; at the same time, the plaintiff does not dispute the receipt of a certain amount of technical documentation on the application of the licensed method.

Thus, the parties did not reach an agreement on the composition of the technical documentation to be transferred, which excludes the possibility of violating the terms of the contract in this part.

The court of appeal, based on Article 425 of the Civil Code of the Russian Federation, also indicated that, given the essence of the contract, namely the expiration of the period for which the right to the invention was granted, termination of the contract is impossible.

In such circumstances, there are no grounds for terminating the contract on the basis of clause 2 of Article 450 of the Civil Code of the Russian Federation.