Herald of Civil Procedure
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PROBLEMS OF CIVIL PROCEDURE

The Content of Economic Activity
A.F. Voronov
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Information Technology in the Practice of Arbitration Courts
L.A. Terekhova
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Judicial Order in Arbitration Procedure: Reality and Prospects of Development
E.S. Razdyakonov
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Problems of Achieving Legal Definitions at the Stage of Inspection of Judicial Acts in Civil Procedure
S.I. Knyazkin
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Types of Legal Liability of the Notary: Actual Problems Types of Legal Liability of the Notary: Actual Problems
M.R. Zagidullin
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CIVIL PROCEDURE ON COMMENT

Commentary to the Civil Procedure Code of the Russian Federation (continuation)
M.R. Zagidullin, O.A. Ruzakova, R.B. Sitdikov, M.V. Fetyukhin
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HISTORY OF THE CIVIL PROCEDURE

M.M. Mikhailov, «Selected Works»: Historical Studies on the Gradual Development and Improvement of Every Separate Part of Russian Civil Proceedings (part 2, chapter 5)
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Notarial Act in the Judicial Proving of Civil Cases: A Historical and Theoretical Essay
V.V. Argunov
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FOREIGN CIVIL PROCEDURE

Access to the Federal Court of Justice in Germany
Michael Stürner
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TRIBUNE OF YOUNG SCIENTIST

Counter Collateral of the Claim in Russian Arbitration Procedure: From the Realities to the Unified Civil Procedure Code
E.S. Trezubov
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The Response to the Request of the Specialized Arbitration Court (Point 1.1 of Part 1 of Article 16 of the Civil Procedure Code of the Russian Federation) as a Special Form of the Specialist Participation and Its Evidentiary Value
A.V. Kovalyova
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JUDICIAL AUTHORITY AND PRACTICE

The Draft Law on Amendments and Additions to the Civil Procedure Legislation (Introduced by the Resolution of the Plenum of the Supreme Court of the Russian Federation of 3 October 2017 No. 30) Needs Correcting
V.M. Sherstyuk
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To Whom You Can Make a Counterclaim, or an Interpretation Limiting the Means of Protection
A.R. Sultanov
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Court Costs in Civil Proceedings and Assignment of Right to Refund
S.Yu. Morozov, L.N. Rakitina
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Review of the IV Annual Symposium of the Journal «Herald of Civil Procedure» «2017 – E-Justice and Information Technologies in Civil Procedure»
R.I. Sitdikova, G.A. Valeeva
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PERSONALIA

90 Years Anniversary of Professor, Doctor of Legal Sciences Tamara Abova
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70 Years Anniversary of Professor, Doctor of Legal Sciences Viktor Zhuikov
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60 Years Anniversary of Professor, Doctor of Legal Sciences Dmitry Fursov
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Present to you the first issue of the "Herald of the civil process" in 2017

Glad to bring to your attention the first issue of the journal “Herald of civil procedure” in 2018. This is special issue as it almost all contain materials of the IV annual symposium of the journal that took place on September 29, 2017, on the base of the Law Faculty of Kazan federal university; the topic of the symposium was “E-justice and information technologies in civil procedure”. Only two articles are not connected with the topic: Collective Legal Conclusion on the Draft Law of the Supreme Court of the Russian Federation on Amendments to the Civil Procedure Code of the Russian Federation, to the Arbitration Procedure Code of the Russian Federation and to the Code of Administrative Proceedings of the Russian Federation and Individual Conclusions of Scholars and Practicians; and article by Anna Smola and Yulij Tay “‘The Quick and Fair Trial’: A Century and a Half in Search of Aurea Mediocritas”. The opening article of the issue is written by Professor Vladimir Yarkov, the head of the Department of civil procedure in the Ural State Law University, “Notary Service and Blockchain: Opportunities and Perspectives”. The article reviews experience of developing of blockchain technology and risks for work of notaries on the base of discussion of the session of the International Notary Council, Tbilisi, May 2017. The author also describes advantages and disadvantages of the technology, guarantees of technical safety for interacting parties, the principle of operation of blockchain and the place of a notary in the chain of actions. The issue is continued by article of Professor of Moscow State Law Academy, Alexander Bonner, “E-Justice: Reality or a New-Fashioned Term?” The author notes that information technologies, from one hand, really simplify procedures of seeking of documents, making procedural contacts between parties and technical forming of administered justice. However, from the other hand even perfect computer cannot be trusted on research and evaluation of evidences, establishment of facts, statutory interpretation and passing judgements in the name of state. The next is article by Professor of Lomonosov State university Elena Borisova, “Audio and Video Record Keeping: Advantages and Disadvantages.” Professor brings to our attention issues of history, theory and practice of development of the procedural legislation on the recording of the court session, its influence for ensuring effective judicial protection of civil rights. There are also noted defects of existing procedure of dealing with cases, in particular participating parties and their representatives in the case, cannot fully and consistently state their position on the case in the court session due to the actions of the judge aimed at reducing the time of speeches. The issue is continued by Associate Professor of Southern Federal University Elena Smagina, on the theme “Applying of Information Technologies as an Alternative to Large-Scale Changes of Civil Procedural Legislation Aimed at Increasing the Efficiency of Civil Procedure and Optimizing the Judicial Caseload”. Noteworthy is that the author substantiate the following suggestions: 1) establishing of the order of independent data access on a case via the Internet needs to be provided with the norm about possibility to refer to the lack of technical possibilities to obtain information in a way that establishes their right to request information in the traditional form; 2) effective application of the rules governing simplified procedure including cases when the amount of claim increases could be possible only within guarantee of ensuring to the parties involved in the case reliable and expeditious ways of inspection of any information of the case by using both ways, the Internet and the traditional mode; 3) as an alternative to the rejection of the motivating part of the court decision, it is possible to propose active mainstreaming of e-documentation systems, automated processing of information from an electronic case when creating a draft judicial act carried out under the supervision of a judge. One more interesting research is presented by joint article of professor Ivan Senaykin and associate professor Veronika Barsukova, Saratov State Law Academy, on the theme “Influence of Information Technologies on the Systematization of the Civil Procedural Legislation”. The authors analyzed levels of balance of modern civil procedural legislation and some issues of its systematization from the approach of information technologies influence. Moreover, conclusion of invaluable role of information technologies in the systematization of civil procedural legislation is defined. Besides, it is noted that they are used not in a full extent nowadays. One more joint research is written by professors of the All-Russian State University of Justice (the RLA of the Ministry of Justice of Russia) Vladimir Gureev, Boris Yatselenko, - “Development of Information Technologies in Enforcement Proceedings as a Factor of Improving the Efficiency of the Federal Bailiff Service’s Activities”. The authors marks in a positive way existing interactive opportunity to get the access for the most meaningful information as the amount of indebtedness, the basis for the initiation of enforcement proceedings, the structural unit in which it is conducted, etc., and there are defined three main principles of using information technologies in the sphere of executive proceedings. There is also article on executive proceedings by assistant professor of the Department of Civil Procedure of the Urals State Law University Konstantin Branovitsky, on the theme “Some Aspects of the Use of Information Technologies in Enforcement Proceedings”. The author analyzes information services such as the personal account of a party of executive proceedings, as well as the automated information system of the Federal Bailiff Service. With reference to the foreign experience of the use of information technologies, the article reveals some of the tendencies of Germany's enforcement proceedings. The part «Civil procedure in comments» is presented by article by assistant professors of the Law Faculty of Kazan Federal University Konstantin Egorov and Marat Fetyukhin, on the theme “Protection of Rights of the Parties of the Agreement Provided by Smart-Contract: Arbitrability”. The author's reasoning about the possibility of arbitration in the sphere of the use of smart contracts is interesting; the authors cite examples of arbitration courts that use remote consideration of disputes in foreign countries and concludes that existing arbitrations do not fully meet the requirements of the digital community participants for the ways, quality and speed of conflict resolution. The article justifies the effectiveness of the creation of a specialized arbitration court to resolve disputes arising between smart contracts parties. Moreover, this block of our journal presents article by the head of the legal department of PJSC “Tatneft” Dmitry Medvedev, “E-Justice: Realities of Application in the PJSC «Tatneft», Needs and Prospects of Development”. The author describes principles of work with documentation and tasks that require compliance with deadlines within the PJSC «Tatneft» practice, where complex approach is realized on the base of the "Practice" electronic document management systems. He also makes accent on the fact that the active implementation of information technologies in various fields still leaves unresolved many applied problems and the current business needs give further impetus to the need for detailed legal regulation. The part “History of civil procedure” adhering to the general theme of this issue, we publish repealed Federal Law of 20 February 1995 No. 24-FZ «On Information, Informatization and Protection of Information»; and repealed the Order of the Court Department of the Supreme Court of the Russian Federation of 20 April 2009 No. 71 «On the Approval of the Regulation of Publication of Information on Activities of Courts of General Jurisdiction, Agencies of the Judicial Community, the System of Court Department of the Supreme Court of the Russian Federation in the Internet”. The Editorial Board continues to acquaint the reader with foreign experience in the field of civil proceedings in the part “Foreign civil procedure”. There are presented article of the managing partner of the legal company Teahan & Constantino (the USA) Vincent L. Teahan, “New York State Courts Electronic Filing (NYSCEF)”; and applicant of PhD of the University of Maastricht (the Netherlands) Pablo Bravo-Hurtado, “Automatization of Administration of Justice: Towards Three Incorrect Ideas on Artificial Intellect”. The part “Tribune of а young scientist” is presented by article of senior lecturer of the Department of Business Law, Civil and Arbitration Procedure of the Law Faculty of Perm National Research University Evgenia Lyubimova, “The Impact of Electronic Justice to the Issues of Jurisdiction of Civil and Administrative Cases”; and article of senior lecturer of the Department of Civil Procedure of Kazan branch of the Russian State University of Justice, Rafail Zakirov, “The Use of Modern IT-Technologies as a Mean to Achieve the Basic Tasks of Legal Proceedings”. The part “Judicial authority and practice” publishes articles on practical issues by our colleagues from the judiciary: – judge of the Arbitration Court of the Republic of Tatarstan Aleksej Kirillov “Procedural Basis of E-Justice”; – Candidate of Legal Sciences, judge of the Supreme Court of the Republic of Tatarstan Azat Khisamov “Trends of Integration of Information Technologies to Civil Procedure”; – judge of the Arbitration Court of the Volga Region Igor Smolensky “Identification of the Person (Subject of Arbitration Procedure) in E-Justice”. In addition, this section has been published the Collective Legal Conclusion on the Draft Law of the Supreme Court of the Russian Federation on Amendments to the Civil Procedure Code of the Russian Federation, to the Arbitration Procedure Code of the Russian Federation and to the Code of Administrative Proceedings of the Russian Federation and Individual Conclusions of Scholars and Practicians by scholars of different universities of Russia Dmitry Tumanov, Elena Streltsova, Sergey Moiseev, Sveltana Alekhina, Lev Bardin, Sveltana Kazikhanova, Elena Nakhova, Igor Nevsky, Maksim Nenashev, Ljubov Prokudina, Elena Smagina, Aydar Sultanov, Olga Chistyakova. Continuing the theme of criticism of reforming the civil procedural law it is presented the joint material by Anna Smola, Yulij Tay (Attorneys at law «Bartolius») “‘The Quick and Fair Trial’: A Century and a Half in Search of Aurea Mediocritas”, where it is analyzed the legislative proposal issued by the Supreme Court of the Russian Federation for the State Duma in the beginning of October 2017. The first part of the article is devoted to the procedure of disqualification of a judge, judicial summons, streamlined proceedings (simplified and writ procedures), institute for the revision of the new circumstances due to changes the rule of law in practice of the highest court instance. On the second part of the articles the authors analyze changes on jurisdiction, representativeness, cancellation of declaration of intent as a mandatory component of them and some other aspects. The part “Personalia” traditionally is presented with memorial events and dates, at this issue there are: - 155 Years from the Birth of Professor in Ordinary, Doctor of Law Gabriel Shershenevich; - 95 Years from the Birth of Professor, Doctor of Legal Sciences Evgeny Filippov; - 75 Years Anniversary of Professor, Doctor of Legal Sciences Mikhail Yukov. At the end of the issue, the editorial board of the “Herald of civil procedure” reports with regret the assistant professor of the Department of Civil Law of the Law Faculty of Lomonosov State University Vladimir Em died a sudden death on the January 16, 2018. He also was the head of Publishing House "Statute", law firm "Em and Co" and one of the founders of our journal. We sincerely express our condolences.