Herald of Civil Procedure

We in a citing index:



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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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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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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Access to the Federal Court of Justice in Germany
Michael Stürner
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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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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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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 sixth issue of the "Herald of the civil process" in 2017

I would like to bring to your attention the sixth regular issue of the journal “Herald of civil procedure” in 2017. The first article of the issue is written by A.F. Voronov, professor of Lomonosov State University, Moscow. It is devoted to the content of economic activity. The author attempts to disclose the content of this section, the subjective nature of this category gives unacceptably broad discretionary powers to the courts in resolving subordination issues, it also make weak the guarantees of judicial protection. The author makes several proposals in the field of law enforcement and lawmaking for the correction of the existing situation. The next article is written by L.A. Terekhova, professor of Dostoevsky State University, Omsk, “Information technology in the practice of arbitration courts”. In the author's fair opinion, the interim results of the introduction of information and communication technologies in the arbitration procedure make it possible to estimate the level of nowadays development of "electronic justice", the level is basic for now, and the author identifies large number of problems that require both technical and legislative solutions. We got interesting research associate professor of the Ural State Law University E.S. Razdyakonov, “Judicial order in the arbitration process: reality and prospects of development”. Modern problems of order proceedings in the arbitration procedure and ways of their solution are examined by the author; directions of development of the current legislation are offered. The author also considers the history of the existence of a court order in the procedural law of Russia; conducts a comparative analysis of the court order and the executive inscription of the notary. Currently, the court order has been in the arbitration procedure in Russia for more than a year, becoming one of the manifestations of the trend of unifying the civil and arbitration procedure during reforming the arbitration procedural legislation in 2016 and accumulated problems have not only theoretical but also practical characteristics. Further, the issue is continued by Associate Professor of the Russian State University of Justice S.I. Kniazkin, and his article “Problems of achieving legal definitions at the stage of inspection of judicial acts in the civil procedural law”. It is noteworthy to say that by citing examples of judicial practice and the achievements of legal doctrine, the author examines the problem of competition of the European legal principles of fair trial and legal certainty at the stage of verification of judicial acts in civil, administrative and economic cases. In the conditions of competition of these principles of justice, the author concludes that it is necessary to prioritize the principle of fair trial in the context of verifying judicial activity in the civil procedure, aimed at achieving not only the rule of law and validity, but also the rule of law. The article of assistant professor of the Kazan Federal University M.R. Zagidullin makes research on types of legal liability of the notary. The author gives an analysis of the latest changes in legislation and law enforcement practice for each species. The system of control over the activity of notaries and the institution of their responsibility has undergone significant changes in recent years, which are generally positive, including creating the Code of Professional Ethics for Notaries in the Russian Federation, building a multi-level system for reimbursement of property time and liability insurance, expanding of criminal liability, etc. At the same time, presumably a large amount of latent violations by notaries is a consequence of the ineffectiveness of the law provided by traditional means of control and measures of liability of notaries. The author proposes to introduce at the legislative level of other, non-traditional means of control and responsibility of notaries, such as a single rating system and detailed statistics for each notary activity and based on its strict system of fines and other sanctions. The Civil procedure in comment and the History of civil procedure traditionally continue materials of Commentary to the Civil Procedure Code of the Russian Federation and Selected works by famous Russian scholar M.M. Mikhailov. The Commentary reflects recent changes on the system of arbitration courts, the order of arbitration proceedings, the provision on arbitration agreement, etc. This entailed significant changes in the Civil Procedure Code and the Arbitration Procedure Code, as well as some other points of the legislation of the Russian Federation. The History of civil procedure also presents article of associate professor of Lomonosov State University, Moscow, V.V. Argunov, “Notarial act (document) in the judicial proving of civil cases: a historical and theoretical essay”. The author turns to history and gives a historical and theoretical essay comparing the notary and the judicial system: the notary service like the court should strive to establish the true intentions and will of the participants in notarial production, thereby contributing to the protection of their rights (legitimate interests), as well as to the rule of law and law and order in society; It is obliged to establish legal facts when reviewing and managing cases falling within its competence; evidential activity in notarial production is possible, but in comparison with judicial proof, it is limited to a narrow scope. Ideas about foreign civil procedure are presented in the part Foreign civil procedure and are updated essentially by the article of Michael Stürner, professor of University of Konstanz, Germany, “Access to the Federal Court of Justice in Germany”. The purpose of this article is to explain the role of the German Federal Court in the system of civil legal relations. After a brief overview of the institutional aspects, most of the article is devoted to access to the Federal Court, as well as to judicial review of appeals. The author describes in detail the organization of work of the German Federal Court and analyzes the situation at present state, providing readers with information on the actual basis of the work of the court, and also gives some statistical information and comments on the restrictions introduced by the judicial reform. The Tribune of а young scholar gives to your attention articles of two researchers: E.S. Trezubov, Senior Lecturer of the Department of labor, environmental law and civil procedure of the Kemerovo State University, “Counter collateral of the claim in Russian arbitration procedure: from the realities to the unified Civil Procedure Code”, and A.V. Kovalyova, postgraduate student, Assistant of the Department of Civil Procedure of the Law Institute of the Siberian Federal University, “The response to the request of specialized arbitration court (Art.16 (1.1) of the Russian Civil Procedure Code) as a special form of the specialist participation and its evidentiary value”. The part Judicial authority and practice presents following articles: - V.M. Sherstyuk, “The draft law on amendments and additions to the Civil Procedure legislation needs correcting (introduced by the Resolution of the Plenum of the Supreme Court from October 3, 2017 number 30)”; - A.R. Sultanov, “Whom you can declare the counter claim or interpretation that limits rights protection”; - S.Yu. Morozov, L.N. Rakitina, “Court costs in civil proceedings and assignment of right to refund”; - R.I. Sitidikova, G.A. Valeva, “Review of the IV annual Symposium of the journal Herald of Civil Procedure: “2017 – E-Justice and information technologies in civil procedure””. The part Personalia traditionally highlights commemorative dates and events. This issue highlites the 90th anniversary of Professor, Doctor of Legal Sciences Tamara Abova, the 70th anniversary of Professor, Doctor of Legal Sciences Viktor Zhuikov and the 60th anniversary of Professor, Doctor of Legal Sciences Dmitry Fursov. And we are very glad to wish Happy New Year to all of you! May these holidays be bright and cheerful and may the New Year begin on a prosperous note!