Conclusion of an agreement based on the results of bidding civil code. Theory of everything

1. Auctions and competitions can be open and closed. Any person can participate in an open auction and open tender. Only persons specially invited for this purpose participate in the closed auction and closed competition.

2. Unless otherwise provided by law, a notice of an auction must be published by the organizer no later than thirty days prior to the auction. The notice must contain information about the time, place and form of the auction, about its subject, about the existing encumbrances of the property being sold and about the procedure for conducting the auction, including registration of participation in the auction, determining the person who won the auction, as well as information about the initial price.

3. The terms of the contract concluded on the basis of the results of the auction are determined by the organizer of the auction and must be indicated in the notice of the auction.

4. Unless otherwise provided by law or in the notice of the auction, the organizer of the open auction that published the notice has the right to refuse to hold an auction at any time, but no later than three days before the date of its holding, and from holding a tender - not later than thirty days before the competition.

If the organizer of an open auction refuses to hold it in violation of the specified time limits, he is obliged to compensate the participants for the real damage they have suffered.

The organizer of a closed auction or a closed tender is obliged to compensate the participants invited by him for the real damage, regardless of the time period after the notification was sent, the refusal to conduct the auction followed.

5. Bidders pay a deposit in the amount, on time and in the manner specified in the notice of the auction. If the auction does not take place, the deposit is refundable. The deposit is also returned to persons who participated in the auction, but did not win it.

When concluding an agreement with the person who won the auction, the amount of the deposit made by him is counted towards the fulfillment of obligations under the concluded agreement.

Unless otherwise provided by law, the obligations of the organizer and bidders to conclude an agreement based on the results of the auction may be provided by an independent guarantee.

6. Unless otherwise provided by law, the person who won the auction and the organizer of the auction sign on the day of the auction or competition the protocol on the results of the auction, which has the force of the contract.

A person who evaded signing the protocol is obliged to compensate for the losses caused by this in the part exceeding the amount of the security provided.

If, in accordance with the law, the conclusion of an agreement is possible only by holding an auction, if the organizer of the auction evades signing the protocol, the winner of the auction has the right to apply to the court with a demand to compel the conclusion of an agreement, as well as to compensate for losses caused by evasion from its conclusion.

7. If, in accordance with the law, the conclusion of an agreement is possible only by holding an auction, the winner of the auction is not entitled to assign rights and transfer debt on obligations arising from the contract concluded at the auction. Obligations under such an agreement must be fulfilled by the winning bidder personally, unless otherwise provided by law.

8. The terms of an agreement concluded as a result of an auction, in the case when its conclusion is allowed only through an auction, may be changed by the parties, if this change does not affect the terms of the agreement that were essential for determining the price at the auction, and also in other cases, established by law.

Section III. GENERAL PART OF THE LAW OF OBLIGATIONS

Subsection 2. GENERAL PROVISIONS ON THE CONTRACT

Chapter 28. CONCLUSION OF THE AGREEMENT

Article 448

1. Auctions and competitions can be open and closed.

Any person can participate in an open auction and open tender. Only persons specially invited for this purpose participate in the closed auction and closed competition.

2. Unless otherwise provided by law, a notice of an auction must be made by the organizer at least thirty days before the auction. The notice must contain, in any case, information about the time, place and form of the auction, its subject and procedure, including registration of participation in the auction, determination of the person who won the auction, as well as information about the initial price.

If the subject of the auction is only the right to conclude a contract, the notice of the upcoming auction must indicate the period provided for this.

3. Unless otherwise provided by law or in the notice of the auction, the organizer of the open auction, who made the notice, has the right to refuse to hold the auction at any time, but no later than three days before the date of its holding, and the tender - no later than thirty days prior to the competition.

In cases where the organizer of an open auction has refused to hold them in violation of the specified deadlines, he is obliged to compensate the participants for the real damage they have suffered.

The organizer of a closed auction or a closed tender is obliged to compensate the participants invited by him for the real damage, regardless of the time period after the notification was sent, the bidding was refused.

4. Bidders pay a deposit in the amount, terms and procedure specified in the notice of the auction. If the auction does not take place, the deposit is refundable. The deposit is also returned to persons who participated in the auction, but did not win it.

When concluding an agreement with the person who won the auction, the amount of the deposit made by him is counted towards the fulfillment of obligations under the concluded agreement.

5. The person who won the auction and the organizer of the auction sign on the day of the auction or competition the protocol on the results of the auction, which has the force of the contract. The person who won the auction, if he evades signing the protocol, loses the deposit he made. The organizer of the auction, who evaded signing the protocol, is obliged to return the deposit in a double amount, as well as to compensate the person who won the auction for the losses caused by participation in the auction, to the extent exceeding the amount of the deposit.

If the subject of the auction was only the right to conclude an agreement, such an agreement must be signed by the parties no later than twenty days or another period specified in the notice after the completion of the auction and the execution of the protocol. If one of them evades the conclusion of the contract, the other party has the right to apply to the court with a demand for compulsion to conclude the contract, as well as for compensation for losses caused by evading its conclusion.

1. Auctions and competitions can be open and closed. Any person can participate in an open auction and open tender. Only persons specially invited for this purpose participate in the closed auction and closed competition.

2. Unless otherwise provided by law, a notice of an auction must be published by the organizer no later than thirty days prior to the auction. The notice must contain information about the time, place and form of the auction, about its subject, about the existing encumbrances of the property being sold and about the procedure for conducting the auction, including registration of participation in the auction, determining the person who won the auction, as well as information about the initial price.

3. The terms of the contract concluded on the basis of the results of the auction are determined by the organizer of the auction and must be indicated in the notice of the auction.

4. Unless otherwise provided by law or in the notice of the auction, the organizer of the open auction that published the notice has the right to refuse to hold an auction at any time, but no later than three days before the date of its holding, and from holding a tender - not later than thirty days before the competition.

If the organizer of an open auction refuses to hold it in violation of the specified time limits, he is obliged to compensate the participants for the real damage they have suffered.

The organizer of a closed auction or a closed tender is obliged to compensate the participants invited by him for the real damage, regardless of the time period after the notification was sent, the refusal to conduct the auction followed.

5. Bidders pay a deposit in the amount, on time and in the manner specified in the notice of the auction. If the auction does not take place, the deposit is refundable. The deposit is also returned to persons who participated in the auction, but did not win it.

When concluding an agreement with the person who won the auction, the amount of the deposit made by him is counted towards the fulfillment of obligations under the concluded agreement.

Unless otherwise provided by law, the obligations of the organizer and bidders to conclude an agreement based on the results of the auction may be provided by an independent guarantee.

6. Unless otherwise provided by law, the person who won the auction and the organizer of the auction sign on the day of the auction or competition the protocol on the results of the auction, which has the force of the contract.

A person who evaded signing the protocol is obliged to compensate for the losses caused by this in the part exceeding the amount of the security provided.

If, in accordance with the law, the conclusion of an agreement is possible only by holding an auction, if the organizer of the auction evades signing the protocol, the winner of the auction has the right to apply to the court with a demand to compel the conclusion of an agreement, as well as to compensate for losses caused by evasion from its conclusion.

7. If, in accordance with the law, the conclusion of an agreement is possible only by holding an auction, the winner of the auction is not entitled to assign rights and transfer debt on obligations arising from the contract concluded at the auction. Obligations under such an agreement must be fulfilled by the winning bidder personally, unless otherwise provided by law.

8. The terms of an agreement concluded as a result of an auction, in the case when its conclusion is allowed only through an auction, may be changed by the parties, if this change does not affect the terms of the agreement that were essential for determining the price at the auction, and also in other cases, established by law.

Commentary on Article 448 of the Civil Code of the Russian Federation

1. The commented article contains the norms regulating the organization and procedure for conducting auctions, as well as the procedure for concluding an agreement based on the results of the auction.

Paragraph 1 of the commented article establishes the types of auction and competition, and also establishes the criterion by which the classification is carried out. The auction and competition may be open or closed, depending on whether participation in the auction is free for all and everyone, or whether participants are specially invited persons. Although the commented article does not explicitly state this, it should be concluded that the choice of a specific type of auction or competition - open or closed, as well as the choice of the form of bidding in general, depends on the will of the organizer, except for exceptional cases established by a special norm of federal law . This conclusion logically follows from the rule enshrined in Part 3, Clause 4, Art. 447 of the Civil Code, which gives the organizer the right to choose the form of bidding.

2. Paragraph 2 of the commented article establishes an organizational requirement for the period during which the organizer must make a notice of the auction, as well as requirements for the content of the corresponding notice.

Notification of an auction or competition must be made by the organizer no later than 30 days prior to their holding. Other term can be established only by the federal law. As for the content of the notice, it should include information about the time, place and form of the auction, its subject and procedure, including registration of participation in the auction, determination of the person who won the auction, and also, if an auction is planned, information about starting price. In addition, if the subject of the auction is only the right to conclude a contract, the notice of the upcoming auction must indicate the period provided for this.

The absence of the specified information in the notice of the auction is a violation of the procedure for conducting the auction and the basis for declaring the auction invalid at the claim of the interested person (clause 2 of the letter of the Supreme Arbitration Court N 101).

3. The law does not impose any special requirements on the form of a notice of an auction. It follows from the content of the commented article that the form of the notification should be verbal. Since no special restrictions have been established in this regard, the form of notification can be both oral and written.

At the same time, it should be borne in mind that in judicial practice, an oral notice of a tender, broadcast on the air of a radio station or TV channel once, is recognized as an inappropriate form of bringing information to potential bidders, since in this case the possibility of unambiguous perception and unhindered fixation of information by potential bidders is not provided. bidding, which adversely affects the attraction of attention to the bidding by potential buyers (clause 4 of the letter BAC N 101).

4. The notice of the auction is not an offer, although it has some features similar to it, since it is an offer aimed at concluding a civil law contract sent to specific recipients or an indefinite circle of persons. The fundamental difference between a notice and an offer is that it does not contain the essential terms of the future contract, but should contain only detailed information about the auction, the results of which will determine all the essential terms.

By its legal nature, the notice of the auction is a unilateral transaction that imposes on the organizer or the person on whose behalf he acts, the obligation to conduct the auction. The persons who have received the notice shall have the corresponding right to demand the holding of tenders and participation in them.

5. The law establishes different rules for the admissibility of withdrawing a notice of an auction, depending on whether the auction is open or closed. The notice of an open auction may be withdrawn by the organizer. Paragraph 3 of the commented article gives the organizer the appropriate right, but puts its implementation within a certain time frame. If the organizer has posted a notice of an open auction, he has the right to withdraw it, but no later than three days before the auction. If an open competition is planned, the organizer has the right to cancel its holding no later than 30 days in advance. Such a significant difference in terms is explained by the fact that in order to prepare for participation in the tender, interested parties, as a rule, must do some preparatory work, while no special preparation is required to participate in the auction. If the specified deadlines are violated by the organizer and the auction does not take place, the organizer is obliged to compensate the participants for the losses incurred within the real damage.

The law does not contain special requirements for the form of notification of the withdrawal of a notice, in connection with which everything said in paragraph 3 of the commentary to this article applies to it.

In contrast to the organizer of an open auction, the organizer of a closed auction or tender is not entitled to revoke a notice of an auction. If the auction did not take place, he is obliged to compensate the participants for the real damage caused.

The norm of the commented article, which gives the organizer of an open auction the right to cancel the auction, is general and dispositive. It can be changed by a special norm of the law or by the will of the organizer, which he has the right to express in the notice of the auction. On the contrary, the rule on the inadmissibility of canceling closed auctions is imperative and cannot be changed by the participants in the turnover.

6. In order to ensure the fulfillment of obligations to participate in the auction, each participant is obliged to provide the organizer with a deposit. The amount of the deposit, the term and procedure for its payment must be specified in the notice of the auction. The deposit is subject to return to the bidder if the bidding did not take place, and also if the bidder did not win the bidding.

If the participant wins the auction, then the deposit made by him is counted towards the fulfillment of obligations under the contract.

Public auctions can be conducted in different ways. The most common options are auctions and contests. They can be closed or open. Features of their implementation are disclosed in Art. 448 of the Civil Code of the Russian Federation. Let's consider the norm in detail.

General information

As Art. 448 of the Civil Code of the Russian Federation, any person is allowed to participate. Only specially invited subjects are allowed to closed auctions. Unless otherwise established by law, the notice of the auction is published by the organizers no later than one month before the date of the auction. In the notice, in accordance with paragraph 2 of Art. 448 of the Civil Code of the Russian Federation, there must be information about the place, form, subject, time of the auction, existing encumbrances of realizable values, the procedure for holding the event, the rules for registering participation, determining the winner and data on the initial price of the property. The organizers of the competition/auction determine the terms of the contract signed with the winning entity. They are also included in the notice.

Organizer features

Unless otherwise provided in the notice or the law, the entity that published the notice may refuse to conduct an auction. According to paragraph 4 of Art. 448 of the Civil Code of the Russian Federation, the relevant decision regarding the auction must be made public no later than 3 days. before the due date. Notice of cancellation of the competition is published no later than a month before it starts. If the organizer has violated the specified terms, he is obliged to compensate for the damage caused to the bidders. Compensation for real harm is carried out regardless of the period in which the refusal followed after the notification was sent.

Deposit

It is mentioned in paragraph 5 of Art. 448 of the Civil Code of the Russian Federation. As the norm indicates, bidders must pay a deposit in the manner, amount and within the time period specified in the notice of the competition/auction. If, for one reason or another, the auction was not held, the deposited amount is returned. P. 5 Art. 448 of the Civil Code of the Russian Federation also provides that persons who participated in the auction / competition, but did not win them, also receive the deposit back. When drawing up a contract with the winner, the amount paid by him is counted towards the fulfillment of the obligation under the transaction. Unless otherwise provided by law, the integrity of the organizers and participants can be ensured

Documentation Features

Unless otherwise provided by law, the entity that won the auction and the organizer should sign a protocol on their results on the day of the event. This document has the force of a contract. The entity that avoids signing it must compensate for the damage caused by this in the part exceeding the amount of the security provided. In some cases, the conclusion of the contract is allowed exclusively through bidding. If, in accordance with the law, such a situation occurs, then if the organizer evades signing the protocol, the person who won the auction/tender may apply to the court to force the conclusion of the contract. In addition, the subject has the right to file a claim for compensation for the losses caused to him.

Additionally

In accordance with Part 7 of Art. 448 of the Civil Code of the Russian Federation, if the execution of the contract is allowed only on the basis of the results of the auction, the winner cannot assign the rights and transfer the debt for the obligations arising from such a contract. The terms of the agreement must be executed by the person who won the tender/auction personally, unless otherwise provided by law. The content of the contract in the case when its execution is allowed only by the results of the auction, may be changed by the parties. At the same time, the adjustments should not affect the essential terms of the contract that were important in determining the price, as well as in other cases stipulated by law.

Art. 448 of the Civil Code of the Russian Federation with comments 2016

The first paragraph of the norm under consideration provides for the division of tenders and auctions into closed and open. The basis for classification is the level of freedom of participation. Any subjects can be involved in open bidding, and only specially invited ones can be involved in closed bidding. Meanwhile, it is necessary to take into account the nuance. The possibility of participation of any entity in an open auction/tender does not mean that the legislation cannot establish certain requirements or restrictions. Thus, according to Article 5 of the Federal Law No. 178, in such auctions, any organizations and citizens can act as purchasers of municipal / state property, except for unitary enterprises, institutions and companies, if the share of the Russian Federation in their capital is more than 25%. These restrictions also apply to entities that can participate in privatization auctions/tenders. At the same time, these restrictions do not transform open trades into closed ones. It follows from this that the feature enshrined in the first part of Art. 448 of the Civil Code of the Russian Federation should be interpreted in the sense that any person who meets the requirements established by law (if they are defined) can be involved in the competition / auction.

Notification rules

The general procedure for notification of upcoming auctions is fixed by the second paragraph of Art. 448 of the Civil Code of the Russian Federation. The Regulations set, among other things, the period within which the notice must be published. The notice is considered an important and binding legal act within the framework of the bidding procedure. It fixes the key parameters of the upcoming competition/auction. It should be noted that the notice is not a public offer. This is due to the fact that the contract, which is drawn up as a result of the auction, cannot be concluded with any entity that has responded to the offer. The latter, in turn, is an essential feature of the offer. Considering experts, it is necessary to pay attention to the fact that experts regard the notice as an act expressing the will of the organizer to conclude an agreement through a competition/auction. This determines the content of the notice.

Minimum Requirements

Analyzing Art. 448 of the Civil Code of the Russian Federation with comments lawyers, the following obligatory items included in the notification can be distinguished: time, place, form, subject and procedure for bidding. An indication of the initial price must be present in the notice of tenders in which the price condition is material. The term for signing the contract is included in the notice of the competition / auction, the subject of which is only the right to draw up a contract (Articles 447, 448 of the Civil Code of the Russian Federation). These requirements are considered minimum for all trades. The organizer may indicate other information in the notification, except for the mandatory ones. Additional requirements for the content of the act may be enshrined in legislation.

Notification Form

The norm under consideration does not establish any requirements for the type of notification. Meanwhile, the meaning and nature of the notice indicate the priority of the written form. Oral notification of potential participants is also allowed. For example, an owner of property who wants to sell it at a higher price can himself act as an organizer of a closed auction. In this case, he has the right to notify by telephone each person invited to participate in the auction.

Cancellation of an event

Its conditions and consequences are fixed in the third paragraph of the commented article. As a general rule, it is possible for the organizer of an open auction/competition that has published a notice to refuse to hold an event. A notice or law may, however, provide for a limitation of this right. For closed events, the possibility of refusal is not provided directly, but is implied indirectly. This is indicated by the provisions of paragraph 3, which regulate the consequences of refusing to hold such an auction/tender.

P. 7 Art. 448 of the Civil Code of the Russian Federation: comments

When applying certain points of the norm under consideration, difficulties often arise. In particular, it is about paragraph 7 of Art. 448 of the Civil Code of the Russian Federation. Practice shows that not all applicants correctly interpret the norm. The paragraph establishes a ban on cases in which a product, service or work for municipal or state needs is not purchased by the customer, but an individual or enterprise receives rights in relation to public education in their own interests. In such situations, paragraph 7 of Art. 448 of the Civil Code of the Russian Federation in the absence of regulation of specific relations in special legislation. That is, the prohibition operates due to the significant importance of the personality of the creditor.

The fate of the deposit

The fourth paragraph of the norm under consideration establishes the obligation of bidders to pay a preliminary (security) amount. It is worth noting that the issue of the deposit and its subsequent fate is regulated by the article to such an extent that there is no need to apply the provisions of Art. 380 and 381 of the Code. The amount, order and term of payment is determined by the organizer and indicated in the notification. The deposit must be returned to all participants if the event did not take place. If the auction / competition was held, then it is transferred back to those entities that did not win.

Important point

Considering the issue concerning the deposit, you need to pay attention to one nuance. According to the rules of the norm, if a contract is concluded with the subject, then the amount contributed by him as security is counted towards the fulfillment of the obligation, if the contract provides for the corresponding condition. However, there is an exception to this rule. The deposit will be returned to the winner of the state contract for the supply of products for state needs. This is due to the fact that the contract does not establish the obligation of the supplier to pay the counterparty any amount.

Last stage of the auction/competition

It is regulated by the fifth paragraph of the commented article. To understand the essence of the provisions, it is necessary to clearly separate the types of auctions, delimited depending on their subject. Clause 5 contains relevant instructions. In particular, the conclusion of a contract may be the subject of bidding. In other words, an auction/competition is organized directly for the execution of the contract. Accordingly, the result of the event will be an agreement concluded with the winning entity. The subject of the auction may be the right to draw up a contract. The provisions of the first paragraph of clause 5 apply to a certain extent to all types of auctions/competitions. Abs. 2 applies only to those auctions, the subject of which is the right to draw up a contract. The general meaning of the first paragraph lies in the fact that the need to draw up and sign a protocol on the results of the event, the consequences of evading this action in the form of the loss of the deposit paid or the payment of its double amount, as well as compensation for losses, apply to auctions / competitions of both types. The requirement that this document has the force of a contract applies only to those auctions, the subject of which is the conclusion of a contract.

findings

In view of the foregoing, the meaning of paragraph five can be concluded as follows:

1. The subject that won any type of auction and the organizer must sign a protocol on the results of the event on the day of the event.
2. The document drawn up following the results of the auction, in which the subject was the conclusion of the contract, is equal in force to the contract.
3. A protocol signed as a result of an auction/tender held for the right to conclude an agreement is considered a legal act. It fixes the results of the auction and confirms the eligibility of the winner.
4. The entity that won the auction/competition, in case of evasion from signing the protocol, loses the deposit paid to them, and the organizer in the same situation must return double its amount to the interested person, as well as compensate the latter for losses associated with participation in the event in excess of the double amount of payment . These rules apply to tenders, the subject of which is both the conclusion of a contract and the right to execute it.

Thus, it is necessary to clearly delimit and understand the specifics of a particular type of auction/competition in order to avoid negative consequences. Each type of auction has its own rules regarding the provision of participants with certain legal opportunities. Additionally, it should be said about the timing. The contract based on the results of the auction / competition, the subject of which was the right to sign the contract, must be concluded no later than 20 days after the end of the event and the completion of the protocol. The notice may also provide for another period for the performance of this action.

Going to court

It is allowed in the case when either party evades signing the contract. The interested entity may submit a request for compulsion to execute the contract to the court. In addition, he has the right to count on compensation for losses caused by the counterparty's evasion from signing the contract. Here you should pay attention to another difference in the auction, the subject of which is the conclusion of the contract and the right to execute it. If in the first case it is possible to apply to the court with a requirement to compel the signing of a contract, then in the second situation it is impossible to force the counterparty to sign the protocol. Paragraph 5 does not explain when the contract is considered concluded. It seems that due to the fact that the signed protocol has the force of a contract, the latter will be considered executed at the time of certification of the act.

Article 448

• checked today
• code dated 01.01.2019
• entered into force on 01.01.1995

There are no new versions of the article that have not entered into force.

Compare with the wording of the article dated 06/01/2015 01/01/1995

Auctions and competitions can be open and closed. Any person can participate in an open auction and open tender. Only persons specially invited for this purpose participate in the closed auction and closed competition.

Unless otherwise provided by law, the notice of the auction must be published by the organizer no later than thirty days before the auction. The notice must contain information about the time, place and form of the auction, about its subject, about the existing encumbrances of the property being sold and about the procedure for conducting the auction, including registration of participation in the auction, determining the person who won the auction, as well as information about the initial price.

The terms of the contract concluded on the basis of the results of the auction are determined by the organizer of the auction and must be indicated in the notice of the auction.

Unless otherwise provided in the law or in the notice of the auction, the organizer of the open auction, who published the notice, has the right to refuse to hold an auction at any time, but no later than three days before the date of its holding, and from holding a tender - no later than thirty days prior to the competition.

If the organizer of an open auction refuses to hold it in violation of the specified time limits, he is obliged to compensate the participants for the real damage they have suffered.

The organizer of a closed auction or a closed tender is obliged to compensate the participants invited by him for the real damage, regardless of the time period after the notification was sent, the refusal to conduct the auction followed.

Bidders pay a deposit in the amount, on time and in the manner specified in the notice of the auction. If the auction does not take place, the deposit is refundable. The deposit is also returned to persons who participated in the auction, but did not win it.

When concluding an agreement with the person who won the auction, the amount of the deposit made by him is counted towards the fulfillment of obligations under the concluded agreement.

Unless otherwise provided by law, the obligations of the organizer and bidders to conclude an agreement based on the results of the auction may be provided by an independent guarantee.

Unless otherwise provided by law, the person who won the auction and the organizer of the auction sign on the day of the auction or competition the protocol on the results of the auction, which has the force of the contract.

A person who evaded signing the protocol is obliged to compensate for the losses caused by this in the part exceeding the amount of the security provided.

If, in accordance with the law, the conclusion of an agreement is possible only by holding an auction, if the organizer of the auction evades signing the protocol, the winner of the auction has the right to apply to the court with a demand to compel the conclusion of an agreement, as well as to compensate for losses caused by evasion from its conclusion.

If, in accordance with the law, the conclusion of an agreement is possible only by holding an auction, the winner of the auction is not entitled to assign rights (with the exception of claims for a monetary obligation) and transfer debt on obligations arising from an agreement concluded at an auction. Obligations under such an agreement must be fulfilled by the winner of the auction personally, unless otherwise provided by law.

The terms of the contract concluded as a result of the auction in cases where its conclusion in accordance with the law is allowed only through the auction, can be changed by the parties:

• 1) on the grounds established by law;
• 2) in connection with a change in the amount of interest for using a loan when the key rate of the Bank of Russia changes (in proportion to such a change), if a loan (credit) agreement was concluded at the auction;
• 3) on other grounds, if the change in the contract does not affect its conditions, which were essential for determining the price at the auction.

Other articles of the section

Judicial practice under Art. 448 of the Civil Code of the Russian Federation, Part 1