Herald of Civil Procedure
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PROBLEMS OF CIVIL PROCEDURE

JUSTICE AND LIFE OF SOCIETY
V.V. LAZAREV, D.A. FURSOV
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PROCEDURALITY OF LAW IN AXIOLOGICAL DIMENSION: GENERAL THEORETICAL AND METHODOLOGICAL PROBLEMS
R.F. STEPANENKO
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ON THE RIGHT OF A COURT OF SUPERIOR JURISDICTION ON GIVING OBLIGITARY INSTRUCTIONS ABOUT INTERPRETATION OF THE LAW, AND LEGISLATIVE MEASURES ORIENTED TO GROWTH OF PROCEDURAL GUARANTEES OF INDEPENDENCE FOR A COURT BELOW
M.Sh. PATSATSIYA
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THE USE OF ARTIFICIAL INTELLIGENCE IN THE JUDICIAL PROCEEDINGS
P.M. MORKHAT
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FEATURES OF THE APPLICATION OF E-JUSTICE ELEMENTS WHEN CONSIDERING CERTAIN CATEGORIES OF CASES (ON THE EXAMPLE OF LAND DISPUTES)
Z.F. SAFIN, E.V. LUNEVA
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CIVIL PROCEDURE ON COMMENT

ARTICLE-BY-ARTICLE COMMENTARY TO THE ARBITRATION PROCEDURE CODE OF THE RUSSIAN FEDERATION (continuation)
D.Kh. VALEEV, M.R. ZAGIDULLIN, R.B. SITDIKOV
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LEGISLATOR’S REFUSAL OF THE TERM “JURISDICTION” OR VULNERABLE RULES OF “NEW” JURISDICTION: WHAT’S NEXT?
D.I. BEKYASHEVA
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HISTORY OF THE CIVIL PROCEDURE

“WRITINGS ON CIVIL PROCEDURE”: CONVICTION OF A JUDGE IN CIVIL PROCEDURE ON THE STAGE OF PROCEEDINGS BEFORE THE JUDICIAL SESSION (continuation – chapter 3)
M.I. MALININ
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FOREIGN CIVIL PROCEDURE

STANDARD OF PROOF APPLIED IN CIVIL PROCEDURE (MAINLY IN THE CZECH REPUBLIC)
RADIM CHALUPA
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NEW RULES FOR DISCLOSURE OF EVIDENCE IN ENGLISH COURTS: A CHANGE FOR THE BETTER?
A.A. SELKOVA
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TRIBUNE OF YOUNG SCIENTIST

ON THE LEGAL STATUS OF PERSONS PARTICIPATING IN THE CASE ON THE DISPUTES IN THE FIELD OF ENERGY
M.A. ZHELAEV
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FACT TO BE PROVEN IN CASES ON AWARD OF A PENALTY (ASTREINTE)
Yu.Yu. YAKUBYAK
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JUDICIAL AUTHORITY AND PRACTICE

SOME LEGAL PROBLEMS ISSUES OF MEDICALLY ASSISTED PROCREATION IN THE LIGHT OF ECHR REGULATIONS: A VIEW FROM STRASBOURG, WHICH IS NOT ALWAYS MATCHING WITH A VIEW FROM ST. PETERSBURG AND MOSCOW
A.T. BONNER
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PROTECTION AGAINST REGULATIONS WHICH ARE NO LONGER IN FORCE
A.R. SULTANOV
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CURRENT PROBLEMS OF PROTECTION OF THE LABOR RIGHTS OF CITIZENS WORKING WITHOUT EXECUTION OF LABOR CONTRACTS
F.N. BAGAUTDINOV, A.A. MIKHAYLOV
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THE RIGHT OF CONTESTATION OF A NORMATIVE ACT AS AN INTEGRAL METHOD OF JUDICIAL PROTECTION: PROBLEMS OF REGULATION AND IMPLEMENTATION IN ADMINISTRATIVE PROCEDURE
A.A. DZHAGARYAN
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PERSONALIA

60 YEARS ANNIVERSARY OF PROFESSOR, DOCTOR OF LEGAL SCIENCES VLADIMIR VLADIMIROVICH YARKOV
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200 YEARS FROM THE BIRTH OF RUSSIAN LAWYER AND HISTORIAN, EXTRAORDINARY PROFESSOR NIKOLAY VASILIEVICH KALACHEV
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80 YEARS ANNIVERSARY OF PROFESSOR, DOCTOR OF LEGAL SCIENCES YULIYA ALEKSANDROVNA POPOVA
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65 YEARS ANNIVERSARY OF PROFESSOR, DOCTOR OF LEGAL SCIENCES LIDIYA VLADIMIROVNA TUMANOVA
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CRITICS AND REVIEW

Present to you the third issue of the "Herald of Civil Procedure"

Glad to bring to your attention the third issue of the journal "Herald of Civil Procedure" in 2019. 
The issue has combined articles of different themes. The journal’s issue is opened by an article by Dr.V. Lazarev and Doctor of Laws, Professor of the Department of Civil and Administrative Justice of the Russian State University of Justice, D.A. Fursov, entitled "Justice in the life of society." The article deals with the problems of justice in modern conditions from the point of view of public expectations, as well as the conditions under which it inevitably remains in crisis or has all the possibilities for its development. The authors denote the problem of direct and indirect judicial control. The article is continued by an article by a doctor of legal sciences, a professor at the Department of Theory and History of State and Law, Kazan (Volga Region) Federal University. Stepanenko on the topic "The procedural law in the axiological dimension: general theoretical and methodological problems." The article considers absolute and relative values ​​of procedural law as not subject to change and not influenced by socio-historical conditions (absolute values), as well as dynamically developing depending on the evolution of social relations and contributing to the improvement of current legislation - relative legal values.
Then follows the work of M.Sh., Doctor of Law, Chief Researcher of the Russian State University of Justice. Pacation His study entitled “On the issue of legislative measures to strengthen the procedural guarantees of the independence of a lower court in the context of the right of a higher court to give compulsory instructions on the interpretation of the law” concludes that the prohibition on giving instructions that may unjustifiably restrict the independence of the court of first instance , should lead to the fact that the lower courts will often not agree with the legal approaches, which are reflected in the court rulings of the higher courts, and not “listen” without weakness clearly all the judgments of the higher court.

The traditional section “The civil process in the comments” continues the number, in which the article of the candidate of law sciences, associate professor of the department of judicial authority of the law faculty of the National Research University “Higher School of Economics” D.I. Bekyasheva on the topic "The refusal of the legislator from the term" jurisdiction ", or the vulnerable rules of the" new "jurisdiction: what next?". The thesis that the replacement of the term “jurisdiction” by the terms “competence” and “jurisdiction” will cause confusion of the conceptual apparatus both in practice and in theory is put forward.

The section “Foreign Civil Procedure” is represented by an article by a Czech colleague, Doctor of Law, Associate Professor at the Department of Civil Law at the Faculty of Law of the University. Masaryk Radim Chalupy on the topic “The standard of proof in civil proceedings (on the example of the Czech Republic)”. This paper concludes that a well-established standard of proof in the process of weighing evidence is one of the main components of correct inference from facts. Decisions based on too low a probability of the existence of proven facts make the risk of discrepancy between a conclusion from facts and reality excessively high.

The next section, “Judicial Power and Practice,” includes a number of practice-oriented articles. This section is opened with an article on “Some aspects of the legal problems of artificial insemination in the light of ECHR rulings: a view from Strasbourg, which does not always coincide with that from St. Petersburg and Moscow”, authored by the doctor of legal sciences, professor of civil and administrative justice of the Moscow State Law University. O.E. Kutafina (MSLA) A.T. Bonner The article in the comparison plan analyzes some rulings of Russian courts, including the Constitutional Court of the Russian Federation, and rulings of the European Court of Human Rights on disputes related to assisted reproductive technologies, and shows their significance for Russian legislation and judicial practice.

This section is continued by the article of the head of the legal department of PJSC «Nizhnekamskneftekhim» A.R. Sultanov on the topic “Protection against normative acts that have lost force”, in which the author analyzes the judicial practice in the field of the multidimensional problem of protection against regulatory acts as a way to combat injustice. The study presents an analysis of the rules enshrined in the CAS RF. The author regrets that sometimes the courts try to go along the easiest way while solving complex issues - evading their resolution.

The journal ends with the release of the Personalia section, which traditionally celebrates memorable events and dates, this time:

- 200 years since the birth of Nikolai Vasilievich Kalachev;

- 80th anniversary of Yulia Alexandrovna Popova;

- 65th anniversary of Lidia Vladimirovna Tumanova;

- 60th anniversary of Vladimir Vladimirovich Yarkov.