March 4 the order of the Ministry of Health (2012)

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Uploaded: 02.08.2015
Content: 15-001.zip (13,31 kB)

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Description

Objective 1

March 4 the order of the Ministry of Health of Russia number 80 was approved by the Industry Standard "Rules of vacation (sale) of medicines in the pharmacy organizations. The main provisions. " P. 10.1 remains to determine the functions of pharmacy, drugstore, pharmacy and pharmacy stores, but does not provide them the right to purchase and sale of medical products, disinfectants, personal hygiene items, optics, natural and artificial mineral waters, medical, dietetic Food, cosmetics and perfume products. Ltd. "Production and Trade Company" Ural "believes that p. 10.1 OST (in terms of determining the scope of functions of pharmacy items, pharmacy and pharmacy stores) unduly restricts the right to conduct business activities.
What forms of protection of civil rights. On an example of this problem, determine whether the statement rightly Ltd. of illegal restriction of these rights and whether they are subject to protection. If so, in what form it can be protected? If the form of judicial protection, set the type of proceedings.

Task 2

Mihaylova appealed to the court to establish the fact of receiving wages while working at the company in the years 1983-1988 in the amount of 429 rubles, on the grounds that the information on its earnings for this period have not been preserved, wage data needed to recalculate the assigned old-age pension. In confirmation of this fact Mikhailov petitioned to call witnesses Dmitrieva, who worked at the time as deputy chief accountant, and Popov, who worked foreman.
The court rejected the claim Mikhailova, referring to the fact that, according to para. 15 of the Order, and paperwork for pensions approved by the Ministry of Labour and the Ministry of the Russian Federation 13.08.1992 Social Protection of the Russian Federation 14.08.1992 information about earnings can be installed on Based on personal accounts, payroll and other documents about the wages paid. Establishment of earnings on the basis of testimony is not allowed.
Mikhailov has appealed the court´s decision. What decision should make the court of second instance? Make the appropriate procedural document.

Objective 3

Simushkin, operating a motor vehicle, he broke the rules of the road and hit a car Shiverskih, causing property damage. In April, a court decision in favor of Shiverskih was recovered 32,000 rubles. This amount was paid in December.
Shiverskih filed a lawsuit against the fleets, who owned a car, with the requirement to recover the difference in the cost of repairs, since due to late payment of money he could not immediately after the accident to repair the machine, now has increased the cost of repairs.
The court refused to accept the claim in connection with what has already been decided by the court in a dispute between the same parties on the same subject and on the same grounds.
Is it right to the court refused to accept the claim?

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