We in a citing index:
READ IN THIS ISSUE
PROBLEMS OF CIVIL PROCEDURE
GROUNDS TO CANCELLATION OF JUDICIAL PROVISIONS ON CIVIL AND ARBITRATION CASES SHOULD BE BROUGHT IN LINE WITH LIFE NEEDSRead more
FEATURES OF THE LINKS OF THE PARTS THAT MAKE UP THE CIVIL PROCEDURAL COMPLEX “A WIDE CIVIL PROCEDURE”Read more
WILL ARTIFICIAL INTELLIGENCE JUDGE?Read more
TARGET INDICATORS FOR SUSTAINABLE DEVELOPMENT OF JUSTICERead more
SUMMARY JUDGMENT OR FOR WHOM THE BELL TOLLS?Read more
ON THE PROBLEM OF APPORTIONMENT OF JUDICIAL EXPENSES IN WRIT PROCEEDINGSRead more
Yu.F. DRUZHININA, E.S. TREZUBOV
Yu.F. DRUZHININA, E.S. TREZUBOV
CIVIL PROCEDURE ON COMMENT
ARTICLE-BY-ARTICLE COMMENTARY TO THE ARBITRATION PROCEDURE CODE OF THE RUSSIAN FEDERATION (continuation)Read more
HISTORY OF THE CIVIL PROCEDURE
“WRITINGS ON CIVIL PROCEDURE”: CONVICTION OF A JUDGE IN CIVIL PROCEDURE ON THE STAGE OF PROCEEDINGS BEFORE THE JUDICIAL SESSION (chapter 1)Read more
FOREIGN CIVIL PROCEDURE
THE CONCENTRATION OF CIVIL PROCEDURE IN RUSSIA AND THE CZECH REPUBLICRead more
V.F. BORISOVA, RADIM CHALUPA
V.F. BORISOVA, RADIM CHALUPA
MARITIME ARBITRATION AS A MODERN INTERNATIONAL LEGAL INSTRUMENT TO RESOLVE INTERNATIONAL MARITIME DISPUTESRead more
CURRENT TRENDS IN THE IMPACT OF THE ECHR ON THE DEVELOPMENT OF CIVIL PROCEDURAL LAW IN GERMANYRead more
TRIBUNE OF YOUNG SCIENTIST
LAND DISPUTES: PROBLEM STATEMENT, GENERAL PROVISIONS, PROCEDURAL FEATURESRead more
RECOGNITION V. ENFORCEMENT OF FOREIGN JUDGMENTS (BACKGROUND AND CURRENT PERSPECTIVES)Read more
JUDICIAL AUTHORITY AND PRACTICE
PROCEDURAL FEATURES OF CONSIDERATION DERIVATIVE ACTIONS IN CORPORATE DISPUTES ON THE EXAMPLE OF CLAIMS CHALLENGING TRANSACTIONSRead more
JUDGMENT IN DISPUTES CONCERNING THE DETERMINATION OF ORDER OF COMMUNICATION WITH A CHILD: HOW TO EXPOUND THE SUBSTANTIVE PART IN THE INTERESTS OF A CHILD (PROCEDURAL AND VALUE-BASED ASPECTS)Read more
NIKOLAY TRIFONOVICH ARAPOV (10.10.1933–27.07.2018) – OBITUARYRead more
70 YEARS ANNIVERSARY TO PROFESSOR, DOCTOR OF LEGAL SCIENCES EVGENIYA ALEKSANDROVNA TRESHCHEVARead more
95 YEARS FROM THE BIRTH OF PROFESSOR, DOCTOR OF LEGAL SCIENCES MIKHAIL GRIGORIEVICH AVDYUKOVRead more
95 YEARS FROM THE BIRTH OF PROFESSOR, DOCTOR OF LEGAL SCIENCES KUZMA IVANOVICH KOMISSAROVRead more
Present to you the fifth issue of the "Herald of the civil process" in 2018
Glad to bring to your attention the fifth issue of the journal "Herald of the Civil Process" in 2018.
The issue of the journal opens with an article by a doctor of legal sciences, a professor at the Department of Civil and Administrative Justice of the Moscow State Law University (MGLA). O.E. Kutafina A.T. Bonner on the topic “Grounds to the annulment of court decisions in civil and arbitration cases should be brought into line with life.”
In this article, the author substantiates the thesis that of the seven unconditional grounds provided for by the Code of Civil Procedure of the Russian Federation and the agrarian and industrial complex of the Russian Federation, only two are of practical importance to the annulment of judicial acts: consideration of the case in the absence of any of the persons involved in the case and not informed about the time and place of the court hearing, and the court’s decision on the rights and obligations of persons not involved in the case. In addition to the analysis, the article discusses possible prospects for the development of this institution. The possible future introduction in procedural legislation is considered as a universal basis for the abolition of judicial acts of gross violation of the fundamental principle or principles of the civil process, in particular, the principles of competition, procedural equality of the parties, and the rights of participants in the process to be heard and heard.
The article’s number is continued by a member of the board, head of the legal department of PJSC «Nizhnekamskneftekhim» A.R. Sultanov on the topic "Simplification of proceedings, or for whom the bell tolls?". In it, the author analyzes the draft law on reducing the time for judges to produce judicial acts by freeing them from the obligation to prepare the motivating parts of judicial acts, leaving the duty to justify judicial acts only in certain categories of cases and at the request of the persons involved in the case.
In addition, the issue contains works written by representatives of the judicial community. Scientific research of the Chairman of the Arbitration Court of the Ural District, Doctor of Law, Professor I.V. Reshetnikova in the framework of the Post-Article Commentary to the APC RF (Chapter 2 “Composition of the Arbitration Court”) reflects the most significant changes in the legislation, namely: 1) the Supreme Arbitration Court of the Russian Federation has been liquidated; 2) in the arbitration process, new types / features of proceedings appeared: the writ proceedings, the consideration of cases on corporate disputes. The comments take into account the changes to the order of formation of the composition of the arbitration court under Federal Law of July 29, 2018 No. 265-FL “On Amendments to Certain Legislative Acts of the Russian Federation” that have not yet entered into force.
The work, sponsored by the Chairman of the Eleventh Arbitration Court of Appeal N.P. Safaeva, is dedicated to corporate disputes. The author analyzes the procedural peculiarities of considering derivative claims on corporate disputes on the example of claims challenging transactions, gives examples of theorists' positions on this issue and criticism of existing approaches in the literature, reviews regulation by legislation, conducts a comparative analysis of previous and current legislation, and also gives an overview of court practice .
We thank also the other authors who submitted their interesting articles included in this issue. Traditionally, the journal is filled with the headings “History of civil process”, “Foreign civil process”, “Tribune of a young scientist”, “Judicial power and practice”.
In the Personalia section, by tradition, memorable events and dates are celebrated, in this
- 95 years since the birth of Doctor of Law, Professor Kuzma
- 95 years since the birth of Doctor of Law, Professor Michael
- 70 years to Doctor of Law, Professor Evgenia Alexandrovna
The editors of the magazine also publishes with regret the obituary dedicated to
outstanding processist Nikolai Trifonovich Arapov.