In accordance with Art. 926 of the Civil Code, under a sequestration agreement, two or more persons between whom a dispute has arisen about the right to a thing transfer this thing to a third party (sequestration), who assumes the obligation to resolve the dispute to return the thing to the person to whom it will be awarded by a court decision or by agreement of all disputing parties (contractual sequestration). In addition, a thing that is the subject of a dispute between two or more persons may be transferred for storage through sequestration by a court decision (judicial sequestration). The custodian for judicial sequestration can be either a person appointed by the court or a person determined by mutual agreement disputing parties. In both cases, the custodian's consent is required unless otherwise provided by law.
FAS NWO (see resolution dated October 13, 2005 N A56-27789/2005) described judicial sequestration and the situation in which the court’s decision on sequestration is justified as follows:
"Storage of property under sequestration procedure is subject to general rules on storage contained in Chapter. 47 Civil Code. By virtue of Art. 891 of the Civil Code, the custodian is obliged to take such measures for the safety of the thing transferred for storage, which are also determined by its properties. Since the subject of storage in in this case are valid engineering Communication Therefore, the custodian is obliged to ensure their proper functioning. The custodian of property under judicial sequestration bears the responsibility provided for in Art. 901 and 902 of the Civil Code liability for losses caused improper storage. Thus, property interests parties to the dispute regarding disputed property protected by law. Taking into account the finding property complex in the restricted area of ​​the port, cassation instance believes that the transfer of disputed property by way of judicial sequestration to someone not interested in the outcome of the case government agency, which is entrusted with the functions of ensuring order in the port, maintains a balance of interests of persons claiming their rights to this property".
An interesting remark regarding the subject composition of sequestration relations was made by the Federal Antimonopoly Service. Considering the case on the application for recognition illegal transfer property for storage within the framework of judicial sequestration, the district court indicated that the transfer of the property that is the subject of the dispute for storage to the defendant does not fall under the signs of judicial sequestration, since the property was transferred for storage not to a third party, but direct participant dispute over rights to property (see resolution dated December 26, 2006 N F03-A51/06-1/4605).
In accordance with paragraph 4 of Art. 926 of the Civil Code, a custodian who stores a thing by way of sequestration has the right to remuneration at the expense of the disputing parties, unless otherwise provided by the agreement or court decision that established the sequestration. This rule was discussed by the district court in a case regarding the recovery of remuneration for storage by the person who stored the disputed property. The district court emphasized that Art. 926 of the Civil Code does not make the issue of receiving remuneration by the custodian dependent on the resolution of a dispute over the right to property. Consequently, the depositors - participants in the dispute over the rights to the property transferred to the sequestration authority - have a joint obligation to fulfill the terms of the transaction. In the event of a joint obligation of debtors-bailors, the sequestrator has the right to demand performance both from all debtors jointly and from any of them separately, both in full and in part of the debt (see FAS PO resolution dated 01/30/02/03/2003 N A12-5034 /02-С7-V/С23). However, these reasonings of the court are clearly incomplete: the distribution among the solidary co-debtors themselves sum of money, paid to the sequestration office, must be carried out in accordance with the rules of Art. 110 APK o legal expenses, which are subject to recovery from the losing party (this also follows from paragraph 2 of Article 325 of the Civil Code).
IN judicial practice discussed next question: how should the norms of Art. 53 Federal Law dated July 21, 1997 N 119-FZ “On Enforcement Proceedings” * (667), allowing the bailiff to transfer property, debtor's and arrested by a court order, for storage to a third party, and the provisions of Art. 926 GK?
The Supreme Arbitration Court of the Russian Federation, considering by way of supervision a complaint in the case of recognition of actions bailiff, who transferred the seized property for storage to a third party, indicated the following. Storage by a third party of property seized by the court, which is the subject of a dispute, is a judicial sequestration regulated by Art. 926 Civil Code. Consequently, in order to transfer the disputed seized property for storage to a third party, a court order is required, positively expressed in the ruling on acceptance interim measures. If there is no such indication in the court ruling, the actions of the bailiff to transfer the disputed property for storage to a third party are illegal (see Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated May 31, 2005 N 16872/04).
The same approach was adopted by a number of district courts (see resolutions of the FAS ZSO dated April 20, 2006 N F04-1607/2006 (20817-A45-12), FAS TsO dated October 27, 2006 N A68-AP-868/15-05).
However, the FAS UO (see resolutions dated 06/08/2004 N F09-1690/04GK, dated 10/31/2005 N F09-3542/05-S6) took the opposite position: literally applying the provisions of Art. 53 of the above-mentioned Law, the court indicated that the transfer by the bailiff of the seized property not to the owner, but to another person does not contradict the requirements of the said norm.

More on topic 584. What is sequestration?:

1. [GARGIE: WHAT IS SPACE?
2. WHAT IS THE ENDURING?]
3. Theorem 30. If someone has done something that, in his imagination, gives others pleasure, he will feel pleasure accompanied by the idea of ​​himself as the cause of this pleasure, in other words, he will look at himself with pleasure. On the contrary, if he has done something that, in his imagination, causes displeasure to others, he will look at himself with displeasure.
4. 1.1. What is a state housing certificate and what can its holder expect?

Yandex search The meaning of the word SEQUESTER in the Bolshoi

legal dictionary

SEQUESTRE 1> in civil law storage of things that are the subject of a dispute. According to Art. 926 of the Civil Code of the Russian Federation, under an agreement on S., two or more persons between whom a dispute has arisen about the right to a thing transfer it to a third party, who assumes the obligation to resolve the dispute to return the thing to the person to whom it will be awarded by a court decision or by agreement of all disputing persons (negotiable S.). A thing that is the subject of a dispute between two or more persons may be transferred for storage in the manner of S. by a court decision (judicial S.). The person who stores the thing in accordance with the S. procedure has the right to remuneration at the expense of the disputing parties, unless otherwise provided by the agreement or court decision that established the S.; 2>in a special mechanism that is introduced in cases where the budget is exceeded during execution set level budget deficit or revenues from revenue sources have decreased, making it impossible to finance the activities provided for in the budget. S.'s mechanism is a proportional decrease government spending by 5, 10%, etc. monthly for all (except protected) budget items for the remainder of the current financial year.

Large legal dictionary. 2012

See also interpretations, synonyms, meanings of the word and what SEQUESTRE is in Russian in dictionaries, encyclopedias and reference books:

• SEQUESTRE in the One-Volume Large Legal Dictionary:
  1) in civil law, storage of things that are the subject of a dispute. according to Art. 926 of the Civil Code of the Russian Federation under the agreement on s. two or...
• SEQUESTRE in the Dictionary of Financial Terms:
  prohibition to use any property imposed by the authorities...
• SEQUESTRE in the Dictionary of Economic Terms:
  (Latin seqvestro - put outside, separate) - 1) seizure of property or temporary transfer disputed property claimed...
• SEQUESTRE in Medical terms:
  (sequestrum; lat. sequestro to put aside, separate) an area of ​​necrotic tissue, long time not subject to autolysis, e.g. due to the high density...
• SEQUESTRE in the Big Encyclopedic Dictionary:
  (from Latin sequestro - I put outside, I separate), in civil law a prohibition or restriction imposed by government authorities in the interests of the state on ...
• SEQUESTRE LEGAL.
  transfer of disputed property (real or movable) by the disputing persons themselves (C. voluntary) or by the court (C. forced) to a third party (manager or custodian) ...
• SEQUESTRE MEDICAL. V Encyclopedic Dictionary Brockhaus and Euphron:
  a dead piece of bone. Part of the bone can become dead due to purulent inflammation of the bone marrow (see Osteomyelitis), when the inflammatory process, depending on the penetration ...
• SEQUESTRE in the Encyclopedic Dictionary:
  a, m. 1. legal. A prohibition or restriction imposed by government authority on the use or disposal of something. property. 2. fin. Restriction or...
• SEQUESTRE in the Encyclopedic Dictionary:
  , -a, m. In the law of certain countries: prohibition of the use of some. property imposed by authorities. Apply s. on the …
• SEQUESTRE
  SEQUESTER (med.), a dead area of ​​tissue (usually bone), separated from healthy tissue due to a purulent process (for example, with ...
• SEQUESTRE in the Big Russian Encyclopedic Dictionary:
  SEQUESTER (from lat. sequestro - I put outside, I separate), in civil. legal prohibition or restriction imposed by the state. power in the interests of the state...
• SEQUESTRE in the Complete Accented Paradigm according to Zaliznyak:
  seque"str, seque"str, seque"str, seque"str, seque"str, seque"str, seque"str, seque"str, seque"strom, seque"str, seque"str, ...
• SEQUESTRE in the New Dictionary of Foreign Words:
  (lat. sequestrum) 1) legal. prohibition or restriction imposed by public authority on the use or order of some kind. property; 2) honey dead...
• SEQUESTRE in the Dictionary of Foreign Expressions:
  [lat. sequestrum] 1. legal. a prohibition or restriction imposed by government authority on the use or disposal of something. property; 2. honey deadened, rejected...
• SEQUESTRE in the Russian Synonyms dictionary:
  prohibition, restriction, sequestration, sequester, ...
• SEQUESTRE in the New Explanatory Dictionary of the Russian Language by Efremova:
  1. m. Prohibition or restriction on use of some. property imposed by authorities state power(in economics). 2. m. Area of ​​dead tissue, ...
• SEQUESTRE in Lopatin’s Dictionary of the Russian Language:
  sequester, ...
• SEQUESTRE full spelling dictionary Russian language:
  sequestration...
• SEQUESTRE in the Spelling Dictionary:
  sequester, ...
• SEQUESTRE in Ozhegov’s Dictionary of the Russian Language:
  IN bourgeois law: prohibition of the use of any property imposed by authorities. Impose s. on the …
• SEQUESTRE in the Modern Explanatory Dictionary, TSB:
  a dead area of ​​tissue (usually bone) separated from healthy tissue due to a purulent process (eg, osteomyelitis). - (from Latin sequestro - ...
• SEQUESTRE V Explanatory dictionary Russian language Ushakov:
  sequestrum, m. (latin.sequestrum). 1. Temporary confiscation, restriction of the use of something. property in state interests(right, official). 2. Dead area of ​​some. organ...

general characteristics sequestration (history, concept, types). Sequestration agreement (concept, legal regime, parties, object). Judicial sequestration(features, basis, keeper).

1. General characteristics of sequestration (storage of a disputed item).

Sequester (or sequestration) as special kind storage, the object of which is a disputed thing, has its roots in Roman private law. In the 19th century it was adopted by some Western European civil codes and, above all, by the French Civil Code, where sequestration received very detailed regulation in a special chapter (Articles 1955-1963). Russian civil law did not know the sequestration. It was not provided for by the Project either. Civil Code, developed in Russian Empire on turn of XIX-XX centuries For the first time in domestic legislation sequestration appeared only in the current Civil Code of the Russian Federation, in which Art. 926, which was significantly influenced by the rules on the sequestration of French Civil Code(in the absence of Russian legislative models).

Sequestration is a type of storage consisting in the fact that a thing that is the subject of a dispute between two or more persons is transferred for storage to a third party, who returns the thing to the person who received the right to it as a result of resolving the dispute.

Article 926 of the Civil Code of the Russian Federation provides for two types of sequestration:

Contractual sequestration - sequestration, the basis of which is a sequestration agreement;

Judicial sequestration is a sequestration based on a court decision.

2. A sequestration agreement (an agreement for the storage of a disputed item) is a subtype of a storage agreement, the essence of which reflects the following enshrined in paragraph 1 of Art. 926 Civil Code of the Russian Federation legislative definition(transformed here into the form of defining a concept through the nearest genus and species differences).

A sequestration agreement (an agreement for the storage of a disputed item) is a storage agreement under which two or more persons, between whom a dispute has arisen about the right to a thing, transfer this thing to a third party, who assumes the obligation to return the thing to the person to whom it is settled after resolving the dispute. will be awarded by court decision or by agreement of all disputing parties.

The sequestration agreement is real contract. It can be either compensated or gratuitous contract, and, as follows from paragraph 4 of Art. 926 of the Civil Code of the Russian Federation, the consideration of the sequestration agreement is presumed.

Legal regime sequestration agreements (in addition to the provisions common to all storage agreements) determine special rules on sequestration contained in paragraphs 1, 3, 4 of Art. 926 of the Civil Code of the Russian Federation.

Parties to the sequestration agreement:

The person accepting the disputed item for storage (custodian);

Persons between whom a dispute has arisen regarding the right to a thing (bailor).

Russian legislator does not give special short names to the parties to the sequestration agreement. IN specialized literature In former times, the custodian in the sequestration agreement was called the sequestrator, and the persons acting on the side of the bailor were called sequestrants.

The object of a sequestration agreement is things that are the subject of a dispute between two or more persons. By direct instructions According to the law, both movable and immovable things can be transferred for storage under the procedure of sequestration (clause 3 of Article 926 of the Civil Code of the Russian Federation).

3. Judicial sequestration differs significantly from contractual sequestration, primarily on the basis of the emergence of an obligation to store the disputed item and its subject composition. The peculiarities of judicial sequestration are provided for in paragraphs 2 and 4 of Art. 926 of the Civil Code of the Russian Federation.

A thing that is the subject of a dispute between two or more persons may be transferred for storage through sequestration by a court decision.

The custodian for judicial sequestration can be either a person appointed by the court or a person determined by mutual agreement of the disputing parties. In both cases, the custodian's consent is required unless otherwise provided by law.

The custodian who carries out the storage of a thing by way of judicial sequestration has the right to remuneration at the expense of the disputing parties, unless otherwise provided by the court decision that established the sequestration.

Do you think you are Russian? Were you born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is wrong.

Are you actually Russian, Ukrainian or Belarusian? But do you think that you are a Jew?

Game? Wrong word. The right word"imprinting".

The newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living creatures with vision.

Newborns in the USSR saw their mother for a minimum of feeding time during the first few days, and most time we saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. The technique is wild in its essence and effectiveness.

Throughout your childhood, you wondered why you lived surrounded by strangers. The rare Jews on your way could do whatever they wanted with you, because you were drawn to them, and pushed others away. Yes, even now they can.

You cannot fix this - imprinting is one-time and for life. It’s difficult to understand; the instinct took shape when you were still very far from being able to formulate it. From that moment, no words or details were preserved. Only facial features remained in the depths of memory. Those traits that you consider to be your own.

System and observer

Let's define a system as an object whose existence is beyond doubt.

An observer of a system is an object that is not part of the system it observes, that is, it determines its existence through factors independent of the system.

The observer, from the point of view of the system, is a source of chaos - both control actions and the consequences of observational measurements that do not have a cause-and-effect relationship with the system.

An internal observer is an object potentially accessible to the system in relation to which inversion of observation and control channels is possible.

An external observer is an object, even potentially unattainable for the system, located beyond the system’s event horizon (spatial and temporal).

Hypothesis No. 1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can occur, for example, with the help of “gravitational radiation” penetrating the universe from all sides from the outside. The cross section of the capture of “gravitational radiation” is proportional to the mass of the object, and the projection of the “shadow” from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of the objects and inversely proportional to the distance between them, which determines the density of the “shadow”.

The capture of “gravitational radiation” by an object increases its chaos and is perceived by us as the passage of time. An object opaque to “gravitational radiation”, the capture cross section of which is larger than its geometric size, looks like a black hole inside the universe.

Hypothesis No. 2. Inner Observer

It is possible that our universe is observing itself. For example, using pairs of quantum entangled particles separated in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, reaching its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means that there is no capture cross section on the trajectories of objects that is large enough to absorb these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

An outside observation of an object approaching the event horizon of a black hole, if the determining factor of time in the universe is an “external observer,” will slow down exactly twice - the shadow of the black hole will block exactly half of the possible trajectories of “gravitational radiation.” If the determining factor is the “internal observer,” then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the outside.

It is also possible that these hypotheses can be combined in one proportion or another.

Agreement on sequestration (storage of a disputed item). Judicial sequestration

General characteristics of sequestration (history, concept, types). Sequestration agreement (concept, legal regime, parties, object). Judicial sequestration (features, basis, custodian).

1. General characteristics of sequestration (storage of a disputed item). Sequestration (or sequestration) as a special type of storage, the object of which is a disputed thing, has its roots in Roman private law. In the 19th century it was adopted by some Western European civil codes and, above all, by the French Civil Code, where sequestration received very detailed regulation in a special chapter (Articles 1955-1963). Russian civil legislation did not know sequestration. It was not provided for by the Draft Civil Code, developed in the Russian Empire at the turn of the 19th-20th centuries. For the first time in domestic legislation, sequestration appeared only in the current Civil Code of the Russian Federation, in which Art. 926, which was noticeably influenced by the rules on sequestration of the French Civil Code (in the absence of Russian legislative models).

Sequestration is a type of storage consisting in the fact that a thing that is the subject of a dispute between two or more persons is transferred for storage to a third party, who returns the thing to the person who received the right to it as a result of resolving the dispute.

Article 926 of the Civil Code of the Russian Federation provides for two types of sequestration:

Contractual sequestration - sequestration, the basis of which is a sequestration agreement;

Judicial sequestration is a sequestration based on a court decision.

2. A sequestration agreement (an agreement for the storage of a disputed item) is a subtype of a storage agreement, the essence of which reflects the following enshrined in paragraph 1 of Art. 926 of the Civil Code of the Russian Federation is a legislative definition (transformed here into the form of defining a concept through the closest genus and species differences).

A sequestration agreement (an agreement for the storage of a disputed item) is a storage agreement under which two or more persons, between whom a dispute has arisen about the right to a thing, transfer this thing to a third party, who assumes the obligation to return the thing to the person to whom it is settled after resolving the dispute. will be awarded by court decision or by agreement of all disputing parties.

The sequestration treaty is a real treaty. It can be either a paid or gratuitous contract, and, as follows from paragraph 4 of Art. 926 of the Civil Code of the Russian Federation, the consideration of the sequestration agreement is presumed.

The legal regime of the sequestration agreement (in addition to the provisions common to all storage agreements) is determined by the special rules on sequestration contained in clauses 1, 3, 4 of Art. 926 of the Civil Code of the Russian Federation.

Parties to the sequestration agreement:

The person accepting the disputed item for storage (custodian);

Persons between whom a dispute has arisen regarding the right to a thing (bailor).

The Russian legislator does not give special short names to the parties to the sequestration agreement. In the specialized literature of previous times, the custodian in the sequestration agreement is called the sequestrator, and the persons acting on the side of the depositor are called sequestrants.

The object of a sequestration agreement is things that are the subject of a dispute between two or more persons. By direct instructions of the law, both movable and immovable things can be transferred for storage under the procedure of sequestration (Clause 3 of Article 926 of the Civil Code of the Russian Federation).

3. Judicial sequestration differs significantly from contractual sequestration, primarily in terms of the basis for the emergence of the obligation to store the disputed item and its subject composition. The peculiarities of judicial sequestration are provided for in paragraphs 2 and 4 of Art. 926 of the Civil Code of the Russian Federation.

A thing that is the subject of a dispute between two or more persons may be transferred for storage through sequestration by a court decision.

The custodian for judicial sequestration can be either a person appointed by the court or a person determined by mutual agreement of the disputing parties. In both cases, the custodian's consent is required unless otherwise provided by law.

The custodian who carries out the storage of a thing by way of judicial sequestration has the right to remuneration at the expense of the disputing parties, unless otherwise provided by the court decision that established the sequestration.