Herald of Civil Procedure

We in a citing index:



“Evidence of Behavior” in the Civil and Arbitration Procedure (to the Question of the Evidentiary Value of the Facts the Procedural Conduct of Persons Involved in the Case)
A.V. Yudin
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Procedural Responsibility as an Institution of Law
D.A. Lipinsky, E.V. Chuklova
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Features of Initiation of Production on to Cases of Adoption Cancellation
E.A. Semenova
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Trends of Development of Judicial Practice on Environmental Disputes in the Order of Action Proceedings
E.V. Luneva, Z.F. Safin
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Commentary to the Civil Procedural Code of the Russian Federation (continued)
I.E. Manylov
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The Commentary to the Federal Law “On Arbitration Courts in the Russian Federation” (continued)
D.Kh. Valeev, A.I. Zaitsev, M.V. Fetyukhin
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The Rural Municipality Court’s Code of the Baltic Provinces: the History and its Place in the Legal System of the Procedural Laws of the Russian Empire
Yu.M. Lukin
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The Rural Municipality Court’s Code of the Baltic Provinces of the Russian Empire in 1889 Part 1
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Les Astreintes Dans Le Reglement Bruxelles I Bis: Permanence Et Perspectives
Guillaume Payan
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Own Gading System in Civil Procedure (from the “Introduction to the Commentary of the Civil Procedure Code of Germany” edited by Stein / Jonas. 22 edition. 2013)
Wolfgang Brehm
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About some Innovations in the New Code of Civil Procedure of the Republic of Kazakhstan
A.A. Asylbekova
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Consolidation of Cases in International Commercial Arbitration
K.S. Stepanova
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About the Development of the American Model of Bankruptcy and its Possible Potential (in the Context of Reforming of the Russian Legislation)
E.Yu. Alekseeva
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To the Question about Еxecution of Decisions of the European Court of Human Rights in Russia
E.N. Kuznetsov
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Court Practice and its Role in the Resolutions of the European and the Inter-American Courts of Human Rights Concerning the Interpretation of the State Sociality Principle
E.V. Aristov
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Unified Code of Civil Procedure of Russia: Expectations and Prospects (Review article on the conference in Ekaterinburg. The article provides information on the reports by V.V. Yarkov, I.V. Reshetnikova, S.V. Lazarev, A.S. Morozova, A.A. Zhdanova
A.A. Selkova
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95 years from the date of birth of the doctor of juridical sciences, Professor Nadezhda Alexandrovna Cecina
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90 years from the date of birth of the candidate of legal sciences, Professor Seraphima Alexandrovna Ivanova
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Doctor of legal Sciences, Professor Gennady Aleksandrovich Zhilin was 70 years old
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Present to you the fourth issue of the "Herald of the civil process" in 2016

I present to you the third issue of the journal “Herald of civil procedure” in 2016. The issue of the journal, which lies before you today, presents articles on topical issues of the theory and practice of civil procedural law in its broadest meaning. However, some long-known categories are considered by our authors in an unusually aspect for the sophisticated reader. So, the problem of evidential value of the facts of procedural conduct of persons involved in the case, which can be defined as "evidence of behavior" discusses in the central article of issue of the journal - in the material of Professor A. V. Yudin. This concept has been known and actively investigated in a criminal procedural law, whereas in civil procedural doctrine it is not used. The author eventually came to the very natural conclusion that the evidence of behavior apply to circumstantial evidence and with using them it is the establishment of evidence (interim) of the facts of the case, with the help of which can be carried out to prove the substantive facts relating to the merits of the dispute. On the other hand, it is very important to continue to pay attention to the “classic” issues of civil procedural law which at the same time, are “not classical” in their theoretical value. One of those is the issue of legal liability, which was investigated in detail in the article of Professor D. A. Lipinski and associate professor E. V. Chuklova. It is also important the ultimate conclusion reached by the authors - in the study noted how the interdisciplinary nature of the Institute of legal liability, and the institution of procedural responsibility and complexity of regulation and the protection of homogeneous relations. In addition to theoretical materials in the current issue presented doctrinal studies of more practical orientation: initiation of proceedings about cancellation of adoption (E. A. Semenova), and trends of development of judicial practice on environmental disputes (E. V. Luneva and Z. F. Safin). In the section “History of the civil procedure“ we are embarking on a new project and begin publication of the adapted with regard to the rules of the modern Russian language is quite interesting legal monument of the epoch of the Russian Empire – The Rural municipality court’s Code of the Baltic provinces of the Russian Empire in 1889, which spread its power is actually on the activities of magistrates in Livland, Estland and Courland gubernias. The Charter is preceded by a brief introductory article Yu. M. Lukin. In the section "International civil procedure" we continue to acquaint our readers with an amazing variety of foreign civil procedure. This time readers are encouraged to explore scientific ideas regarding the institution of atrenta in European Union law of our colleague from the University of Toulon (France) – Guillaume Piano. Publish and translate of this article wouldn't be possible without the help of our distinguished colleagues: Professor V. V. Yarkov and Associate professor E. N. Kuznetsov, the recognized experts in French law. Significantly complement our understanding about the civil procedure of Germany the article of Wolfgang Brehm (University of Bayreuth, Germany) – is in fact part of his commentary to the civil procedural code of Germany (edited by Stein / Jonas, 22 edition, 2013). Novel and recent reforms of civil procedure legislation of Kazakhstan are analyzed in the article of A. A. Asylbekova (Kazakh state University, Kazakhstan), which is an introductory publication of major changes. Of course also very important the more detailed analysis of the doctrinal and legislative reforms of civil procedure in the CIS countries and, in particular, in the Republic of Kazakhstan. Our journal always gives to young scientists the opportunity to publish their research, we find this possibility in the current issue. We are delighted to present to the reader in the section "Tribune of young scientist" an interesting and detailed articles of K. S. Stepanova (MGIMO) about the consolidation of cases in international commercial arbitration, and of E. Yu. Alekseeva (Siberian Federal University) about the development of the American model of bankruptcy and its possible potential for Russia. In the section "Judiciary practice" we have the ability to accommodate more practically focused publications and materials are often of a normative nature. In this issue we present readers an article by E. N. Kuznetsov on the extremely topical subject about the enforceability in Russia of decisions of the European Court of human rights in light of landmark Decision of the Constitutional Court of the Russian Federation No. 21-P of July 14, 2015, which, in the opinion of the author, will have a significant, extremely important implications for the further development of legal system in modern Russia, especially in the global context. The specified theme was further developed in the article of E. V. Aristov, but in the judicial practice of the European and inter-American courts of human rights on the interpretation of the principle of the social state. Completes the practical section of the current issue review article of A. A. Shelkova according to the results of the conference "Unified code of civil procedure of Russia: expectations and perspectives" organized by the Ural state University of law and Arbitration court of the Ural district on March 3, 2016 in Yekaterinburg. In the section Personalia we traditionally celebrate memorable events and dates. In July was the 90th anniversary of the birth of Professor Seraphima Alexandrovna Ivanova, and in August - 95 years from the date of the birth of Professor Nadezhda Alexandrovna Chechina. Also with great pleasure we congratulate on the 70th anniversary of the outstanding representative of the civil procedural science – doctor of legal Sciences, Professor Gennady Aleksandrovich Zhilin.