Herald of Civil Procedure

We in a citing index:



Invalidity of Waiver of the Right of Recourse to the Courts in Civil Procedure: Theoretical and Practical Issues
A.V. Yudin
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On Norms of Procedural Law, Their Structure and Content
S.I. Vershinina
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General Provisions on Representation in Administrative Court Proceedings of the Russian Federation
A.A. Solovyev
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The Right for Execution of Court Decisions and Acts of Other Jurisdictional Bodies in National Legal Systems
E.N. Kuznetsov
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Commentary to the Civil Procedure Code of the Russian Federation (continuation)
I.V. Reshetnikova
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Introductory Review to the M.М. Mikhailov’s Book «Selected Works»
K.V. Gusarov
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M.M. Mikhailov, «Selected Works»: History of Formation and Development of the Russian Civil Proceedings System before the Code of 1649 (part 1)
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The European Approach to Harmonization of Civil Procedural Law in a Historical Perspective
V.V. Terekhov
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A New Legal Instrument to Ensure Effective European Standards on Enforcement of Judicial Decisions: Adoption of a Good Practice Guide by the Council of Europe
Guillaume Payan
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Actual Trends of Development of Civil Procedure in the EU and Perspectives of Unification in the Eurasian Space
K.L. Branovitsky
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To a Question of an Expert Immunity from Civil Responsibility
D.Yu. Zatonova
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Judgments of the European Court of Human Rights as a Soft Law
M.Ya. Lubchenko
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Novels of Justice of the Peace Work as a Factor of Civil Procedural Legislation Improvement
A.Kh. Khisamov, R.V. Shakiryanov
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XII Annual Student Moot Court «Russian National Legal Debate – 2017»
Yu.M. Lukin, N.N. Makolkin
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95 Years from the Birth of Doctor of Legal Sciences, Professor Petr Loginov
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80 Years to Doctor of Legal Sciences, Professor Aleksander Bonner
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75 Years to Doctor of Legal Sciences, Professor Vladimir Sherstyuk
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Legal Service of the PJSC «Nizhnekamskneftekhim» Became Winner of the Annual Competition «Best Legal Departments of Russia – 2017»
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Present to you the third issue of the "Herald of the civil process" in 2017

I would like to bring to your attention the third regular issue of the journal “Herald of civil procedure” in 2017. 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 Andrey Yudin. The article is devoted to theoretic and practical problems of invalidity of rejection of the right to apply to a court in a civil process. It is well known that it is impossible to reject the right to apply to a court in the frame civil procedure legislation (and derivative regulations). However, court practice interprets and uses this traditional statement in different ways, even to the extent of unproven prohibition of standard contract terms according with that a party of a contract declares that he/she has no claims to the counterparty. In this sense, it is important that the author suggest differentiating cases of invalidity of rejection of the right to apply and cases with reject of substantive claims to counterparty. In addition to the above, the author makes an accent for a number of cases, when invocation to invalidity of rejection of the right to apply to a court made by the person previously is an example of contradictory behavior of the subject of civil legal relations. Theoretic and practical character of researches is continued by article of Svetlana Vershinina, our colleague from Tolyatti State University. Her article is devoted to norms of civil procedural law, their structure and contain. In the end, views of theoretic researches to this problem are very important for development of general terms of civil procedure, and analysis of the author shows not only structure and contain of legal norms, but also gives a way to see correlation of legal norms and legal rules (requirements). This issue of the journal contains many other interesting and actual materials about theory and practice of civil procedure judgements by authors from Moscow, Voronezh, Yekaterinburg, Kharkov, Saint-Petersburg, Omsk, Krasnoyarsk and Kazan. Our ideas about foreign civil procedure are updated essentially by the article of Guillaume Payan, a scholar from Toulon University (France): there is no doubt that issues of executive procedure have international character, as there are same problems of execution of courts acts in Europe and Russia. The part Personalia traditionally highlights commemorative dates and events. This year is 95th anniversary from the day of birth of significant researcher of civil procedure of soviet period - Doctor of Legal Science, Professor Petr Loginov. We would like to congratulate Alexander Bonner, who has the 80th anniversary, and Vladimir Sherstyuk, who has 75th anniversary this year. We send them sincere wishes. And we are very glad for triumph of the legal service of the PJSC "Nizhnekamskneftekhim", who became winner of the annual competition "Best legal departments of Russia - 2017"!