Herald of Civil Procedure

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Present to you the fifth issue of the "Herald of the civil process" in 2017

I would like to bring to your attention the fourth regular issue of the journal “Herald of civil procedure” in 2017. This issue is prepared right before the IV annual Symposium of the journal “Herald of civil procedure”: “2017 – E-justice and information technologies in civil procedure” and all participants of the symposium will get this issue of our journal. This year the symposium will get together lawyers (practicing lawyers, scholars, judges etc.) and representatives of IT-companies which have practical decisions for courts and practicing lawyers or some decisions that are already used by them. This issue is opened by central article written by Professor of the Department of civil procedure and business law of the Law Faculty of Samara University M.SH. Patsatsiya; it is devoted to the temporal aspects of the terms of appeal in the frame of the Supreme Court of the Russian Federation. This period this period is not directly established by procedural law and law enforcement practice is ambiguous. The article is distinguished by a very deep and multidimensional study of this problem. The issue is continued by the joint article of Doctor of Legal Sciences, Professor of the Theory of State and Law Department of Togliatti State University D.A. Lipinsky and Candidate of Legal Sciences, Associate Professor of the Department of Civil Law, Civil Procedure and Employment and Labor Law of Togliatti State University E.V. Chuklova. The article is about procedural offence and its concept and characteristics. It should be noted that so far in the science of civil procedure, the legal nature of these concepts has not been determined completely yet. The next article is written by Doctor of Legal Sciences, Professor of the Department of Civil procedure of the Saratov State Law Academy T.V. Solovieva and it is devoted to one of the basic ideas of civil procedure: conscientious behavior. It is known that unlike a number of foreign countries, the Russian judicial system does not pay enough attention to this category, and the measures of responsibility enshrined in procedural legislation can hardly be called effective. Though theoretical studies of conscientious behavior and abuse of law in the civil procedure have been conducted in Russia in the 19th century. Certainly, there are many other interesting materials on the theory and practice of civil proceedings in the current issue of the journal. We continue to publish an updated commentary to the Civil Procedure Code of the Russian Federation in the section "Civil Procedure in Comment"; the "History of the civil procedure" part continues the selected works of M.M. Mikhailov. The part “Foreign civil procedure” contains article of Prof., Dr., Head of the Department of Civil Law, Civil Procedure and out-of-court settlement, Friedrich-Alexander University Erlangen-Nürnberg; former judge of The Federal Court of Justice of Germany Reinhard Greger. The article is devoted to the legal qualification of evidence obtained by the Internet in the procedural law of Germany. The “Tribune of а young scientist” introduces Postgraduate student of the Department of Civil Procedure of the Law Faculty of the Lomonosov Moscow State University D.G. Golskiy, and it refers to the meaning of the cancellation of the arbitral award by the court of the place of its issuance for the court of the place of recognition and enforcement. The “Judicial authority and practice” part shows the review of the work outcome of the expert group «National and supranational mechanisms of development of civil procedure at the present stage» within the XI session of the European-Asia Congress in Yekaterinburg, prepared by the Master of Laws, LLM (Kiel, University of Christian-Albrecht), assistant of the Department of Civil Procedure of the Ural State Law University A.I. Bessonova. Under Personalia we as always mark memorable events and dates, this time it is devoted to: - 185 years from the birth of professor in ordinary, Doctor of Law Ivan Engelman; - 170 years from the birth of professor in ordinary, Doctor of Law Leontij Zagurskij; - Fifty years anniversary of the legal service of the PJSC “Nizhnekamskneftekhim”. With great sorrow we also publish an obituary to famous scholar and practicing lawyer Elena Vinogradova. The staff of our journal expresses deepest condolences to the family, friends and colleagues. Elena Vinogradova was good friend of our journal and Kazan and she participated actively in the preparation of books from the series "Classic Civil Process", in particular she prepared a remarkable essay on M.I. Malinin, what in fact was her last major work.