An Independent Guarantee as a Security Means for Performance of Obligations.

The institution of the bank guarantee was replaced by the institution of an independent guarantee as a result of the reform of civil law, so this fact requires reflection and analysis. At the same time, there are a number of unsolved problems in the doctrine and in the judicial practice related to the guarantee. In accordance with the identified problems, the purpose of the graduation work is a critical analysis of the independent guarantee's paragraph in order to identify the shortcomings of the existing regulation and propose ways of eliminating such drawbacks. Based on the results of the graduation work, the legal nature of the independent guarantee was determined, the author's definition of the institute was proposed, the guarantee was delimited from a number of related legal constructions, and various aspects of the guarantee were analyzed. Taking into account the theoretical conclusions, problems related to the regulation of content, form, procedure for issuing and implementing the rights under the guarantee were identified. The general conclusion about necessity to continue improving the rules on the guarantee is made in the graduation work; also testimonials for the integration of the particular rules into paragraph 6 of Chapter 23 of the Civil Code of the Russian Federation are offer.