Herald of Civil Procedure
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PROBLEMS OF CIVIL PROCEDURE

DIALECTIC OF THE SPIRIT OF LAW FROM CHARLES LOUIS MONTESQUIEU TO THE PRESENT
D.A. FURSOV
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THE INFLUENCE OF THE CONCEPT OF THE SPIRIT OF LAWS ON THE DEVELOPMENT OF MODERN CIVIL SUBSTANTIVE, AS WELL AS CIVIL AND ARBITRATION PROCEDURAL LAW
V.N. KOVAL
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DETERMINING OF THE LAW TO BE APPLIED, IN THE LETTER AND IN THE SPIRIT OF THE LAW
L.V. TUMANOVA
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ABUSE OF PROCEDURAL RIGHTS: THE RELATIONSHIP BETWEEN THE SPIRIT AND THE LETTER OF THE LAW
M.A. FOKINA
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IN SEARCH OF THE SPIRIT OF PROCEDURAL LAW
E.G. STRELTSOVA
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ON THE SPIRIT OF PROCEDURAL LAWS AND PROCEDURAL LEGAL INTERESTS
S.A. BURMISTROVA
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CIVIL-LAW SET-OFF AND SET-OFF MADE WHEN THE COURT SATISFIES COUNTERCLAIMS AND INITIAL CLAIMS: THEORETICAL REFLECTIONS ON THE SIMILARITIES AND DIFFERENCES OF LEGAL INSTITUTIONS (continuation)
D.B. ABUSHENKO
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CONCEPTUAL FOUNDATIONS OF LEGAL RESPONSIBILITY IN CIVIL PROCEDURE
M.R. ZAGIDULLIN
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CIVIL PROCEDURE ON COMMENT

INFLUENCE OF DOCTRINE ON TRANSFORMATION OF THE CONCEPT OF “COMPETENCE OF THE COURT” IN THE CONTEXT OF REFORMING CIVIL LAW PROCEDURAL LEGISLATION
F.R. KONOVA
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HISTORY OF THE CIVIL PROCEDURE

ON THE FORMATION AND DEVELOPMENT OF CIVIL PROCEDURE IN RUSSIAN LAW IN THE 9TH–15TH CENTURIES
V.G. MEDVEDEV, D.A. LIPINSKY
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FOREIGN CIVIL PROCEDURE

RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS ON TAX, CUSTOMS AND OTHER ADMINISTRATIVE MONETARY PENALTIES: A DILEMMA OF PRIVATE INTERNATIONAL AND PUBLIC INTERNATIONAL LAW
A.E. TARASOVA, M.V. EVSIKOV
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JUDICIAL AUTHORITY AND PRACTICE

IS IT PERMISSIBLE FOR THE COURTS TO INTRUDE INTO THE COMPETENCE OF OTHER AUTHORITIES?
D.A. TUMANOV
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THE PRINCIPLE OF JUDICIAL PROTECTION AS A VECTOR OF DEVELOPMENT OF MODERN RUSSIAN CIVIL PROCEEDINGS (part 1)
M.Iu. LEBEDEV
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PERSONALIA

90 YEARS FROM THE BIRTH OF DOCTOR OF LEGAL SCIENCES VENIAMIN FEDOROVICH YAKOVLEV
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80 YEARS FROM THE BIRTH OF DOCTOR OF LEGAL SCIENCES VICTOR STEFANOVICH ANOKHIN
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70 YEARS FROM THE BIRTH OF DOCTOR OF LEGAL SCIENCES NIKOLAI MIKHAILOVICH KORSHUNOV
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70 YEARS ANNIVERSARY OF DOCTOR OF LEGAL SCIENCES TATIANA NIKOLAEVNA NESHATAYEVA
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50 YEARS ANNIVERSARY OF DOCTOR OF LEGAL SCIENCES VLADIMIR VIKTOROVICH KULAKOV
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CRITICS AND REVIEW

THE FUTURE OF CIVIL PROCEDURE

REMOTE CONFIRMATION OF IDENTITY TO PERFORM LEGALLY SIGNIFICANT ACTIONS IN PROCEDURAL RELATIONS
A.Kh. KHISAMOV
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ONLINE SETTLEMENT OF DISPUTES BETWEEN PARTICIPANTS OF DIGITAL PLATFORMS IN THE CIVIL RIGHTS PROTECTION SYSTEM
A.V. GABOV
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Present to you the first issue of the "Herald of Civil Procedure" in 2022

We present to you the first issue of the Herald of Civil Procedure in 2022, which continues the tradition of special issues, established by the editorial board together with colleagues eight years ago. This issue is dedicated to the results of the VIII Annual Symposium "2021 - On the Spirit of Law in Civil, Arbitration, and Administrative Proceedings", which was held on October 1, 2021 at the Law Department of Kazan (Volga Region) Federal University.

The issue of the journal opens with an article by Dmitry Alexandrovich Fursov, Doctor of Law, Professor, representing the Department of Civil and Administrative Justice of the Russian State University of Justice, entitled "The dialectic of the spirit of laws from Charles Louis Montesquieu to the present". The article highlights the main problems associated with the opposition of the positive understanding of law to its natural-legal sense, arising from such opposition in the models of legal proceedings. The author notes that the development of legislation in the direction of maximum filling the existing gaps seems to be obviously unpromising, since the attempt to apply general norms, containing prescriptions, to special social relations can lead to negative consequences.

The issue continues with an article by Vladimir N. Koval, Doctor of Law, Professor, Director of the Law Institute of Sevastopol State University. In his research entitled "The Influence of the Concept of the Spirit of Law on the Development of Modern Civil Material Law, as well as Civil and Arbitration Procedural Law" the author investigates real-life court cases and proves that they are based not only on the strict rule of law, but also on the spirit of law. In the paper "Determination of the law to be applied, taking into account its letter and spirit" by Lidia Vladimirovna Tumanova, Doctor of Law, Professor, Honored Lawyer of the Russian Federation, Head of the Department of Judicial Power and Law Enforcement Activity at Tver State University, the author offers for discussion the possibility of establishing an additional mechanism that would ensure the determination of the law to be applied, at the stage of preparing the case for court proceedings. Also the researcher notes that the determination of the law to be applied in a particular case can be presented as
several stages.

In addition, the section "Problems of Civil Procedure" presents the work of another colleague from the Russian State University of Justice. In the article "Abuse of procedural rights: correlation between the spirit and the letter of the law" Doctor of Law, Professor Marina Anatolievna Fokina examines the issues of correlation between the concepts "letter of the law" and "spirit of the law" in relation to the concepts of "good faith" and "abuse of procedural rights". The author points out that if the "spirit of the law" is not clear enough, then there is an abuse of the "letter of the law". In this case the law becomes a tool, which is used by its enforcers not to achieve justice, but to solve their own problems.

The issue continues with the study of Candidate of Law Sciences, Associate Professor, representing the Kutafin Moscow State Law University. Kutafin Moscow State Law University (MSLA), Elena Gennadyevna Streltsova. The article "In search of the spirit of procedural law" raises the question of the source of the spirit of procedural law. The variants of expression of the spirit of procedural law in the principles of procedural law, human rights, social relations are consistently discussed.

Another work on the results of the Symposium was presented by Svetlana Alexandrovna Burmistrova, PhD in Law, Associate Professor, Head of the Department of Civil Procedural Law of the Ural Branch of the Russian State University of Justice. Her study "On the spirit of procedural laws and procedural legal interests" is devoted to the substantiation of the idea that the composition of legal permissions regulated by procedural law is not exhausted by procedural subjective rights, as it may seem from a literal reading of the procedural laws.

This section is completed by the article "Civil Law Setoff and Setoff by Court Satisfaction of Counterclaim and Initial Claim: Theoretical Reflections on the Similarity and Differences of Legal Institutions", which is a continuation of the series of works presented by Doctor of Law, Professor Dmitry Borisovich Abushenko, and the article entitled "Conceptual Bases of Legal Responsibility in Civil Procedure", in which the representative of Kazan (Privolzhsky) Federal University, Doctor of Law, Doctor of Philosophy, Doctor of Law, and Doctor of Law, Professor Dmitry Borisovich Abushenko, and the article entitled "The Conceptual Bases of Legal Responsibility in Civil Procedure".

Continues the current issue of the journal the section "Civil Procedure on Comment", which includes the work entitled "The impact of doctrine on the transformation of the concept of "competence of the court" in the context of reforming the civil procedural legislation", prepared by Fatima Ruslanovna Konova PhD in Law, Associate Professor of the Department of Civil and Administrative Procedure of Kutafin State Law University (MSALU).

The section "History of Civil Procedure" presents a joint work of colleagues from Togliatti State University - Doctor of Law, Professor Valentin Grigorievich Medvedev and Doctor of Law, Professor Dmitry Anatolievich Lipinskiy. In their article "To a question on formation and development of the civil process in the Russian law of IX-XV centuries" the questions of formation and development of the civil procedural law in Medieval Russia on the basis of various historical-legal sources and works of Russian, Soviet and modern scientists are opened.

The traditional section "Foreign civil procedure" presents the work prepared in collaboration of Anna Tarasova, PhD in law, Associate Professor and Head of the International Law Department of the Southern Federal University, and Maxim Yevsikov, lawyer of the law company Legalight. In their article "Recognition and enforcement of foreign court judgments on tax, customs and other administrative monetary penalties: the dilemma of private international and public international law" the authors examine the problem of enforcement of foreign judgments on tax, customs and other administrative monetary penalties through the prism and mechanisms of private international law and international economic law.

The next section in this issue is "The Future of Civil Procedure", which publishes the works of leading scholars and practitioners devoted to the upcoming challenges of the legal reality.

This section opens with the article "Online dispute resolution of participants of digital platforms (ecosystems)" by the Doctor of Law, Professor, Corresponding Member of the Russian Academy of Sciences Andrey Vladimirovich Gabov. The author analyzes the existing practice of online dispute resolution and draft regulations. It examines the existing key "forks" in the approaches to creating a new regulation and makes proposals for further directions in the development of regulation.

This section is continued by the study of Azat Khamzovich Khisamov, PhD in Law, Associate Professor, Judge of the Arbitration Court of the Volga region. In the article "Remote confirmation of identity for legal significant actions in procedural relations" the modern conditions for providing identification of subjects of procedural relations when they apply for judicial protection, participation in consideration of a case, and also tendencies of perfection of system of confirmation of identity of interested persons for the purpose of observance of the procedural form and exclusion of abuse of the right at realization of the right for judicial protection are investigated.

The traditional section "Judicial authority and practice" presents the study of Dmitry Alexandrovich Tumanov, PhD in law, associate professor of the Kutafin Moscow State Law University (MGLA). His article "Is it permissible for courts to intrude into the competence of other authorities?" demonstrates that judicial review in Russia should also cover those acts, actions (inaction) of the authorities, the adoption or commission of which is based on their discretion, and it is this approach is truly consistent with the principle of separation of powers.

This section continues with the article by Mikhail Yurievich Lebedev, PhD in Law, Associate Professor, representing Saratov State Law Academy, entitled "The principle of judicial protection as a vector of development of modern Russian civil proceedings".

The issue closes with the traditional section Personalia, which celebrates memorable events and dates, this time it is:
- 90 years since the birth of Doctor of Law Veniamin Fyodorovich Yakovlev;
- 80 years since the birth of Doctor of Law Viktor Stephanovich Anokhin;
- 70th anniversary of Doctor of Law Nikolay Mikhailovich Korshunov;
- 70th anniversary of Doctor of Law Tatiana Nikolaevna Neshataeva;
- 50th anniversary of Doctor of Law Vladimir Viktorovich Kulakov.