Herald of Civil Procedure
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PROBLEMS OF CIVIL PROCEDURE

CONTRACTUAL ELEMENTS IN CIVIL PROCEDURE
М.А. FOKINA
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PROBLEMS OF THE EVIDENCE IN THE FRAMEWORK OF JUDICIAL REVIEW IN CIVIL PROCEDURE
S.I. KNIAZKIN
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NOVELIZATION OF LEGISLATION IN THE FIELD OF VERIFICATION OF JUDICIAL ACTS IN CIVIL AND ADMINISTRATION CASES: OBJECTIVES AND MEANS OF THEIR ACHIEVEMENT
E.A. BORISOVA
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MODERN PROCEDURAL LAW: UNIFICATION AND DIFFERENTIATION?
I.V. RESHETNIKOVA
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CAUSE AND CONSEQUENCES CATEGORIES IN ARBITRATION PROCEDURAL AND CIVIL PROCEDURE LAW
V.M. SHERSTYUK
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CIVIL PROCEDURE ON COMMENT

ADVANCED TOPICS OF COUNTER-CLAIM: COURT PRACTICE AND THEORY
I.S. ARKHIPOV, P.N. MATSKEVICH
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HISTORY OF THE CIVIL PROCEDURE

APPLICATION OF THE THEORY OF PROTECTIVE RELATIONSHIPS TO PROTECT HUMAN RIGHTS AND FREEDOMS PROTECTED BY THE EUROPEAN CONVENTION: HISTORICAL ASPECT
A.R. SULTANOV
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FOREIGN CIVIL PROCEDURE

THE JUDICIAL SYSTEM OF THE REPUBLIC OF KAZAKHSTAN IN THE MODERN STATE OF LAW IN MODERNIZATION
G.K. BAKYTZHANOVA
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JUDICIAL AUTHORITY AND PRACTICE

NEW STAGE OF JUDICIAL REFORM: CONSTITUTIONAL OPPORTUNITIES AND CHALLENGES
T.K. ANDREEVA, G.D. ULETOVA
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WEAK PARTY IN BUSINESS-TO-BUSINESS CONTRACT: STANDARDS AND BURDEN OF PROOF
A.F. BAKULIN, А.V. KUZMINA
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NEGOTIATION TECHNOLOGIES IN LEGAL EDUCATION IN TEACHING CIVIL COURSES
E.I. NOSYREVA, D.G. FILCHENKO
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PERSONALIA

90 YEARS ANNIVERSARY OF THE HONORED LAWYER OF THE RUSSIAN FEDERATION LYDIA FRANTSEVNA LESNITSKAYA
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170 YEARS FROM THE BIRTH OF DOCTOR OF LAW, ORDINARY PROFESSOR ALEXANDER IVANOVICH ZAGOROVSKY
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CRITICS AND REVIEW

THE FUTURE OF CIVIL PROCEDURE

Present to you the second issue of the "Herald of Civil Procedure"

We present to you the second issue of the journal “Herald of Civil Procedure” in 2020.

The issue of the journal opens the next conceptual work of a professor at Moscow State University. M.V. Lomonosov V.M. Sherstyuk, dedicated to the categories of cause and effect in the arbitration procedural and civil procedural law. This study demonstrated that in one federal law adopted in the manner prescribed by law, two normative acts may be contained, the provisions of one of them are the reason for the adoption of the other (other) provisions contained in the second normative act, which is a consequence of the first.

The article is continued by the article of Professor I.V. of the Ural State Law University, Chairman of the Arbitration Court of the Ural District Reshetnikova on the topic "Modern procedural law: unification or differentiation?". In this work, the grounds for differentiation and unification of civil, arbitration, administrative procedural law are examined and analyzed, the subject and method of their legal regulation are compared, the practice of courts of general jurisdiction in considering cases of bringing to administrative responsibility according to the rules established by the CAS of the Russian Federation is analyzed.

In this issue of the journal, issues of reforming civil proceedings in the court of verification instances in civil and administrative cases are analyzed in an article by a professor at Moscow State University named after M.V. Lomonosova E.A. Borisova. At the same time, the work examines and analyzes the changes in the system of courts of general jurisdiction, as well as the subsequent updating of the procedural legislation. The author, based on the results of studying the current legislation and its consideration through the prism of its practical implementation in the framework of the organization of the courts to administer justice, comes to the logical conclusion that the result of the reform in the field of verification proceedings indicates its incompleteness, the need for further reforms in order to ensure proper guarantees of judicial protection of the rights of citizens and organizations, achieving a balance of private and public interests in the implementation of law Diya appeal and cassation courts.

Also interesting is the article on the subject of “Contractual elements in the civil process”, which came out of the pen of the professor of the Russian State University of Justice M.A. Fokina. The author devoted this work to the identification and study of contractual elements in civil and arbitration processes. This issue is considered in the context of the ratio of dispositive and imperative principles in the method of regulation of civil procedural and arbitration procedural law. Attention is drawn to the fact that the parties in the framework of legal proceedings cannot be as free as in the field of material legal relations.

This time, in the section “History of the Civil Procedure” there is an article by our permanent author and remarkable contemporary, head of the legal department of PJSC “Nizhnekamskneftekhim” A.R. Sultanova. In this study, using the historical method, the author examines in detail the retrospective aspect of applying the theory of protective legal relations through the prism of protecting rights and freedoms. Analyzing this problem, the author puts forward the thesis that the doctrine of legal relations and their division into regulatory and protective contains a great potential for resolving a large number of practical issues that we sometimes try to solve, forgetting about the functions of law.

This issue is continued by the traditional section “Foreign Civil Procedure”, presented by the work of a judge of the Mangistau Regional Court of the Republic of Kazakhstan G.K. Bakytzhanova. The study on the topic “The judicial system of the Republic of Kazakhstan in a modern legal state under modernization” presents a statistical analysis of judicial practice, as well as a number of changes to the system of the structure and operation of courts aimed at solving the most important problems facing a legal state, such as protecting rights and human freedoms, maintaining a regime of legal legality in the sphere of management and stabilization of state power.

The traditional section “Judicial Authority and Practice” opens the fundamental practice-oriented study of the professor of Voronezh State University E.I. Nosyreva and Associate Professor of the same University D.G. Filchenko, dedicated to negotiation technologies in legal education while teaching civil courses. This article reveals the possibilities of introducing negotiation technologies into the standards of legal education. The authors point to the existence of objective factors that make it necessary to study negotiation technologies in the preparation of lawyers.

The journal closes with the traditional section of Personalia, in which commemorating events and dates, this time this:
- 170th Birth Anniversary of Ordinary Professor Alexander Ivanovich
Zagorovsky;
- 90th anniversary of Lydia Frantsevna Lesnitskaya.