Herald of Civil Procedure
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PROBLEMS OF CIVIL PROCEDURE

SOME ISSUES OF THE INSTITUTE OF PROCEDURAL TERMS IN CIVIL AND ARBITRATION PROCEEDINGS
N.A. ARTEBYAKINA
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DETERMINING THE LEGAL NATURE OF ALTERNATIVE DISPUTE RESOLUTION
O.E. FINOGENTOVA, O.A. MACHUCHINA
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INTEREST AS A SUBJECT OF JUDICIAL PROTECTION IN CIVIL PROCEEDINGS
E.S. SMAGINA
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CONTRACTUAL RELATIONSHIP ON MANAGEMENT IN CORPORATE LAW: ANALYSIS OF LAW ENFORCEMENT PRACTICE
A.A. PAVLOV
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ON SEPARATION AND INTERRELATION OF LAW AND PROCEDURE
T.V. SAKHNOVA
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CIVIL PROCEDURE ON COMMENT

ARTICLE-BY-ARTICLE COMMENTARY TO THE ARBITRATION PROCEDURE CODE OF THE RUSSIAN FEDERATION (Chapter 30, § 3)
I.G. RENZ
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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 4)
M.I. MALININ
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THE ORIGINS OF THE PRINCIPLES OF GOOD FAITH AND THE PRESUMPTION OF INNOCENCE IN CIVIL MATTERS
V.M. ABDRASHITOV, A.R. GILMULLIN
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FOREIGN CIVIL PROCEDURE

BURDEN OF PROOF IN THE CZECH REPUBLIC
RADIM CHALUPA
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JUDICIAL AUTHORITY AND PRACTICE

RESOLUTION OF AMBIGUITY AND ABUSE OF PROCEDURAL RIGHTS IN CORPORATE MATTERS IN THE CONTEXT OF JUDICIAL PRACTICE OF 2019
N.R. SAFAEVA
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REVIEW ON THE XV INTERNATIONAL SCIENTIFICALLY-PRACTICAL CONFERENCE “DERZHAVIN READINGS 2019”
G.A. VALEEVA, N.N. MAKOLKIN
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PERSONALIA

ZUFAR MAGSUMOVICH FATKUDINOV (6.11.1940–2.11.2019) – OBITUARY
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65 YEARS ANNIVERSARY OF DOCTOR OF LEGAL SCIENCES, PROFESSOR IGOR ARSENIEVICH PRIKHODKO
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95 YEARS FROM THE BIRTH OF PROFESSOR, DOCTOR OF LEGAL SCIENCES YURI KUZMICH OSIPOV
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175 YEARS FROM THE BIRTH OF SENATOR, PRIVY COUNCILOR, PROFESSOR ALEXANDER LVOVICH BOROVIKOVSKY
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CRITICS AND REVIEW

THE FUTURE OF CIVIL PROCEDURE

PROTECTION OF THE RIGHTS OF ATHLETES IN DOPING CASES: PROCEDURAL ASPECT
A.V. CHEBOTAREV
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PROCEDURAL FEATURES OF THE PROTECTION OF THE RIGHTS OF A DEBTOR CITIZEN IN THE PROCESS OF REALIZATION OF PROPERTY WITHIN CASES ON INSOLVENCY (CONTRACT AWARD APPEAL)
Yu.M. LUKIN, D.V. SHADRIN
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Present to you the sixth issue of the "Herald of Civil Procedure"

Glad to bring to your attention the sixth issue of the journal "Herald of Civil Procedure" in 2019. 

The issue of the journal is opened by an article by T.V. Doctor of Law, Professor, Head of the Civil Procedure Department of the Siberian Federal University Sakhnova on the topic "On the separation and interconnection of law and process." In this work, the author raises the issue of the interaction of substantive and procedural law and draws attention to the relationship between substantive and procedural in the current specifics of legislative activity in connection with the reform of the civil process. One of the results of this comparison is the author’s conclusion that the relationship of law and process does not have a causal nature.

The article is continued by the article of the head of the department for legal support of liquidation procedures of the State Corporation “Deposit Insurance Agency”, graduate student of the Kazan (Volga Region) Federal University A.A. Pavlova on the topic “Contractual Relationship Management in Corporate Law: Analysis of Law Enforcement Practice”. In it, the author pays attention to the problem of determining the type of managerial agreement in judicial arbitration practice; considers the requirements for the transfer of authority of the sole executive body of a business company to a managing organization; analyzes the procedural features of the notification of a business company on the consideration of an administrative case in case of transfer of authority to a managing organization; reveals the issue of civil liability of the managing organization of a business company; reveals the problem of recognizing management costs as economically justified from the point of view of tax legislation.

Another article presented in this issue is the work of the candidate of legal sciences, associate professor, head of the department of civil procedural and labor law of the Southern Federal University E.S. Smagina. Her work on the topic “Interest as a subject of judicial protection in civil proceedings” examines the concept of interest as a subject of judicial protection, its relationship with subjective law, analyzes the regulatory regulation of the category of “interest” in the current civil and civil procedural legislation, and also substantiates the need for judicial protection interests not reflected in the law, the conditions for the provision of such protection are proposed.

In addition, this issue published an article by our colleague from the Czech Republic - associate professor of civil law at the Faculty of Law of the University. Masaryk, PhD, attorney Radim Halupa on the classic procedural theme “The burden of proof in the Czech Republic”. In this paper, the author deals with the burden of proof function in civil proceedings, as well as the burden of proof components. The author also describes the relationship between the burden of proof and the principle of hearing, which is used in Czech disputed proceedings. The article concludes with an analysis of the basic rules for the distribution of the burden of proof in Germany, Austria and Switzerland.

We thank the other authors who submitted their interesting articles included in this issue. Traditionally, the journal is filled with the rubrics “History of the Civil Procedure”, “Civil Procedure in the Comments”, “The Future of the Civil Procedure”, “Judicial Authority and Practice”.

In the Personalia section, according to tradition, memorable events and dates are marked, this time these are:

- 175 years since the birth of Senator Alexander Lvovich Borovikovsky;

- 95 years since the birth of Yuri Kuzmich Osipov;

- 65 years to Professor Igor Arsenievich Prikhodko.

The editorial board of the Herald of Civil Procedure magazine regretfully reports that on November 2, 2019, at the 79th year of his life, the doctor of law, professor, member of the Writers' Union of the Russian Federation Zufar Magsumovich Fatkudinov suddenly died.