Restitution Under the Russian Civil Law

The goal of this work is to summarize the theoretical and practical problems of restitution in modern Russian civil law and to elaborate their possible solutions. To achieve this goal, the following research objectives were set: a) to work out the adequate understanding of restitution in current legislation and judicial practice, including in its relation to related civil law institutions; b) highlight the key problems of restitution, which have or can have practical value for participants of civil-law turnover; c) propose possible solutions to these problems. This work consists of an introduction, two chapters, each of which is divided into 4 paragraphs, conclusion and reference list. The first chapter is devoted to the legal nature of restitution and restitution relations. The second chapter analyzes some problems of restitution in Russian civil law and possible solutions to them. As the result of the analysis, the following conclusions were drawn: current problems of restitution generally can be solved within the framework of the Russian sui generis model of this institution; b) one of the main advantages of this model - the mechanism of simultaneous bilateral return of property - is now experiencing quite serious practical problems related to enforcement proceedings. In this regard, we proposed a model of consolidated enforcement proceedings, which allows to improve the functioning of this mechanism.