Herald of Civil Procedure
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PROBLEMS OF CIVIL PROCEDURE

CURRENT ISSUES OF PROCEDURE LEGISLATION ON DISPUTES ON THE PROTECTION OF EXCLUSIVE RIGHTS TO INTELLECTUAL PROPERTY ASSETS AND MEANS OF INDIVIDUALIZATION
O.A. RUZAKOVA
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NEW CASSATION ON CIVIL CASES: ISSUES OF THEORY, HISTORY, PRACTICE
E.A. BORISOVA
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LENGTHS OF PROCEEDINGS: FROM IMPERATIVE LAW TO AN ACTIVE JUDGE?
M.A. FILATOVA
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PROCEDURAL ESTOPPEL IN THE PRACTICE OF RUSSIAN COURTS (EMPIRICAL ANALYSIS)
D.B. VOLODARSKY, I.N. KASHKAROVA
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CONTESTATION OF DEBTOR’S TRANSACTIONS WITH UNFAIR PREFERENCE DURING THE BANKRUPTCY PROCEDURE
O.V. SUSHKOVA
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CIVIL PROCEDURE ON COMMENT

HISTORY OF THE CIVIL PROCEDURE

FOREIGN CIVIL PROCEDURE

JUDICIAL CODES OF CONDUCT AND CONFLICT OF INTEREST OF AN ELECTED JUDICIARY: A COMPARATIVE APPROACH IN THE ELEVATION OF JUDGES
ZIA AKHTAR
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JAPANESE ADMINISTRATIVE PROCEDURE ACT (continuation – parts III–VII)
Translated by R.O. Opalev
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JUDICIAL AUTHORITY AND PRACTICE

CONSEQUENCES OF LYING IN PROCEDURAL AND SUBSTANTIVE LAW
A.R. SULTANOV
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RULING OF JURISDICTION PROBLEM WITHIN THE LOCATION OF THE MAJOR PART OF THE EVIDENCE IN CIVIL PROCEDURE
R.Z. GAYFUTDINOVA, Ch.F. NIZAMOVA
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PERSONALIA

200 YEARS FROM THE BIRTH OF PROFESSOR IN ORDINARY, DOCTOR OF LAW DMITRY IVANOVICH MEYER
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90 YEARS FROM THE BIRTH OF DOCTOR OF LEGAL SCIENCES, PROFESSOR RIMMA FEDOROVNA KALLISTRATOVA
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95 YEARS FROM THE BIRTH OF CANDIDATE OF LEGAL SCIENCES, SENIOR RESEARCHER, PROFESSOR NADEZHDA GEORGIEVNA SALISHCHEVA
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190 YEARS FROM THE BIRTH OF PROFESSOR IN ORDINARY, DOCTOR OF LAW FEDOR MIKHAILOVICH DMITRIEV
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115 YEARS FROM THE BIRTH OF DOCTOR OF LEGAL SCIENCES, PROFESSOR KARL SERGEEVICH YUDELSON
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100 YEARS FROM THE BIRTH OF DOCTOR OF LEGAL SCIENCES, PROFESSOR SERGEY VASILIEVICH KURYLEV
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CRITICS AND REVIEW

REVIEW ON THE TEXTBOOK “ALTERNATIVE DISPUTE RESOLUTION” EDITED BY E.A. BORISOVA
S.F. AFANASIEV
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THE FUTURE OF CIVIL PROCEDURE

CONTRACTUAL FREEDOM IN APPLYING OF THE CONSEQUENCES OF ITS INVALIDITY: SEARCH FOR AN ACCEPTABLE PROCEDURAL FORM
V.A. GONCHAROVA
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ON THE LEGAL NATURE OF WRIT AND SUMMARY PROCEEDINGS IN CIVIL PROCEDURE IN VIEW OF THE SEARCH FOR WAYS TO OPTIMIZE THE JUDICIAL CASELOAD
A.V. SOROKOPUD
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Present to you the fifth issue of the "Herald of Civil Procedure"

Glad to bring to your attention the fifth issue of the journal "Herald of Civil Procedure" in 2019. 

The issue, which is now in front of you, combined articles of different topics submitted by authors from various law schools. The issue of the journal is opened by an article by a doctor of legal sciences, professor of the Department of Intellectual Rights of Moscow State Law Academy. O.E. Kutafina, Professor of the Department of Legal Regulation of Economic Activities of the Financial University under the Government of the Russian Federation O.A. Ruzakova. The article on the topic “Modern problems of procedural legislation on disputes on the protection of exclusive rights to the results of intellectual activity and means of individualization” discusses procedural problems that arise when resolving disputes on the protection of exclusive rights of authors and other copyright holders. In the analysis of legislation on intellectual property rights, the author uses modern Russian and foreign legislation and bills introduced by the State Duma, clarifications of the Constitutional Court of the Russian Federation.

The article is continued by an article of a doctor of law, professor of the civil process department of the law faculty of Moscow State University M.V. Lomonosova E.A. Borisova, entitled "A new cassation in civil matters: questions of theory, history, practice." The article discusses the completion of the next stages of judicial reform, analyzes the results of the creation of cassation courts in the system of courts of general jurisdiction, changes in the cassation procedure for considering cases in civil proceedings, identifies the positive and negative sides of the changes that have occurred in the judicial system and legal proceedings.

The Foreign Civil Procedure section contains a continuation of the translation of the Japanese Administrative Procedure Law (Parts III – VII) by R.O. Opalev. This section is also presented by the article of a young scientist from Great Britain Zia Akhtar. The study on the “Code of Ethics for Judges and Conflicts of Interest in the Selection of Judges: A Comparative Approach to the Appointment of Judges” is devoted to the issue of political engagement of judges. The author wonders if this will lead to universal justice in the legal field or whether political prejudice is inevitable when choosing judges. The study provides an analysis of the US judicial code and compares it with the British legal system.

We thank the other authors of the articles included in this issue.

The Personalia section traditionally celebrates memorable events and dates, this time around:

- 200 years since the birth of an ordinary professor, doctor of law Dmitry Ivanovich Meyer;

- 190 years since the birth of an ordinary professor, doctor of law Fedor Mikhailovich Dmitriev;

- 115 years since the birth of Doctor of Law, Professor Karl Sergeevich Yudelson;

- 100 years since the birth of Doctor of Law, Professor Sergei Vasilyevich Kurylev;

- 95 years since the birth of the candidate of legal sciences, senior scientific associate, professor Nadezhda Georgievna Salishcheva;

- 90 years since the birth of Doctor of Law, Professor Rimma Fedorovna Kallistratova.