Herald of Civil Procedure
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PROBLEMS OF CIVIL PROCEDURE

SYSTEM OF FORMS OF PROTECTION OF LEGAL INTERESTS
S.A. BURMISTROVA
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ON THE MECHANISM FOR DETERMINING THE SUBJECT OF EVIDENCE IN CIVIL PROCEEDINGS
E.A. NAKHOVA
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EFFICIENT COURT JUDGMENT
S.A. KUROCHKIN
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SPECIFIC FEATURES OF DISPUTES FROM CONTRACTUAL RELATIONS IN THE FIELD OF INTELLECTUAL PROPERTY IN THE CONTEXT OF ELECTRONIC JUSTICE
O.A. RUZAKOVA
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ADMINISTRATIVE PROCEEDINGS DRIP
L.A. TEREKHOVA
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ON THE REFORM OF CIVIL PROCEDURE IN 2018–2019: A VIEW FROM ABOVE
T.V. SAKHNOVA
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CIVIL PROCEDURE ON COMMENT

CONCEPT OF IMPROVEMENT OF ENFORCEMENT PROCEEDINGS OF THE RUSSIAN FEDERATION IN SOCIALLY SIGNIFICANT CASES (DRAFT)
V.V. YARKOV, E.N. KUZNETSOV
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HISTORY OF THE CIVIL PROCEDURE

THE SPACE OF JUSTICE IN THE MIDDLE AGES
A.V. ARGOUNOV
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FOREIGN CIVIL PROCEDURE

FAMILY MEDIATION AS A PRE-TRIAL ORDER OF DISPUTE SETTLEMENT BY OPERATION OF LAW
O.V. PODKORYTOVA
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THE MAIN APPROACHES TO THE CONSIDERATION OF LEGAL OPINIONS BY COURTS OF COUNTRIES OF GENERAL AND ROMANO-GERMANIC LAW
A.A. SELKOVA
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JUDICIAL AUTHORITY AND PRACTICE

MEDIATION AGREEMENTS IN THE NOTARY’S ACTIVITIES AND IN ENFORCEMENT PROCEEDINGS (BASED ON THE MATERIALS OF THE REGIONAL SCIENTIFIC-PRACTICAL ROUND TABLE IN VORONEZH)
D.G. FILCHENKO, I.G. FILCHENKO, O.N. SHEMENEVA, E.A. EVTUKHOVICH
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PROGNOSTICATION OF DYNAMICS OF JUDICIAL PROTECTION UNDER DIGITALIZATION
D.Kh. VALEEV, N.N. MAKOLKIN
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THE DIFFUSION OF THE CIVIL LAW PRINCIPLES IN CIVIL PROCEDURE LAW (BY THE EXAMPLE OF THE PRINCIPLE OF GOOD FAITH)
M.Iu. LEBEDEV
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ON JUDICIAL CUSTOMS AND JUDICIAL HABITS
N.V. SAMSONOV
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PERSONALIA

ALEXANDER LVOVICH MAKOVSKY (11.21.1930–05.11.2020) – OBITUARY
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OLEG NIKOLAEVICH SADIKOV (08.11.1925–28.04.2020) – OBITUARY
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65 YEARS ANNIVERSARY OF DOCTOR OF LEGAL SCIENCES, PROFESSOR ELENA IVANOVNA NOSYREVA
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75 YEARS ANNIVERSARY OF DOCTOR OF LEGAL SCIENCES, PROFESSOR LYUDMILA ALEKSEEVNA GROS
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100 YEARS FROM THE BIRTH OF DOCTOR OF LEGAL SCIENCES, PROFESSOR PETER IAKOVLEVICH TRUBNIKOV
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200 YEARS FROM THE BIRTH OF SENATOR VIKTOR ANTONOVICH ARTSIMOVICH
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CRITICS AND REVIEW

THE FUTURE OF CIVIL PROCEDURE

PRESUMPTIONS AND FICTIONS OF RECEIVING NOTICES AND OTHER JURIDICALLY MEANINGFUL MESSAGES
V.G. KURANOV
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ON THE PROCEDURAL IMPORTANCE OF INTRODUCTION DIGITAL RIGHTS INTO CIVIL LAW
R.I. KHASANSHIN, M.A. VEKSHIN, A.V. BILALOV
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Present to you the third issue of the "Herald of Civil Procedure"

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

The issue of the journal is opened by the fundamental practice-oriented article of the professor of the Siberian Federal University T.V. Sakhnova, dedicated to the reform of civil law of procedure and the procedural revolution of 2018–2019. In this study, one of the aspects highlighted by the author is the recognition of jurisdiction by a procedural regulator within the framework of a single civilistic procedural form. Another aspect considered in the study is the universalization and increase of the procedural qualifying component of procedures that are different from the general civilistic procedural form, the movement in the direction of horizontal differentiation of the civilistic process according to the procedural criterion.

The article continues with an article by a professor at Omsk State University named after F.M. Dostoevsky L.A. Terekhova on the topic “Drift of administrative proceedings”. This work examines and analyzes the prospects for the further development of administrative proceedings. The most interesting is the possible movement of administrative proceedings towards proceedings on cases of bringing to administrative responsibility. The author notes that administrative proceedings allow its participants to be equal parties in the process, and the weak side not to fall to the position of the violator, unequal in the fight for their rights with the administrative machine, to the level of the subject awaiting administrative punishment.

In the current work of a professor at Moscow State Law University. O.E. Kutafina O.A. Ruzakova considers the procedural features of disputes arising from a contractual relationship on the creation of the results of intellectual activity and the disposal of exclusive rights, including the problem of determining jurisdiction, proper defendant, the value of electronic evidence and evidence based on the blockchain system.

Some issues of an effective court decision are analyzed by Associate Professor, Vice-Rector for International Relations of the Ural Federal University S.A. Kurochkin. The paper proposes the concept of an effective judicial decision, determined by its properties as an act of justice, an imperative decree, an enforcement act gaining the force of law, the most rational alternative among possible means of achieving the goals of protecting the law.

An interesting article is also on the topic “On the issue of the mechanism for determining the subject of evidence in civil proceedings”, which was published by E.A. Nakhova. The author devoted this work to an analysis of the mechanism for determining the subject of evidence in civil proceedings. So, the article concludes that there is no proper mechanism for determining the subject of evidence, taking into account the specifics of the structure of the substantive law, the features of the actual composition of the legal relationship and certain legal facts.

The current issue of the journal is continued by the section “Civil Procedure in Comments”, which published a work jointly prepared by representatives of the Ural State Law University, Professor V.V. Yarkov and associate professor E.N. Kuznetsov, on the topic "The concept of improving the enforcement proceedings of the Russian Federation in socially significant cases (project)." The main objectives of the study were to identify the main difficulties in the enforcement of executive documents on socially significant cases and to propose the main ways to eliminate them.

The section “History of the Civil Process” contains an article by A.V. Associate Professor of the National Research University Higher School of Economics Argunova on the development of justice in the Middle Ages. In this study, using the historical method, the author examines in detail the spaces in which justice was administered during the Middle Ages. In addition, the author has done a great job, expressed in the search for illustrations and visual material that abounds in the article.

In the already traditional section, “Foreign Civil Procedure”, the works of the deputy director of the Institute of State and International Law of the Ural State Law University A. A. Selkova on the topic “Basic approaches to the consideration of legal opinions by courts of the countries of general and Romano-German law” and associate professor of the Kyrgyz-Russian Slavic University O.V. Podkorytova on the topic "Family mediation as a pre-trial procedure for the settlement of disputes by force of law."

In turn, the section “Judicial Authority and Practice” is presented by a number of studies, including a large-scale article that came out of the pen of representatives of Voronezh State University D.G. Filchenko, I.G. Filchenko, O.N. Shemeneva, E.A. Yevtukhovich on the topic "Mediation agreements in notarial activity and in enforcement proceedings (based on the materials of the regional scientific and practical round table in Voronezh)." The study analyzes the problems associated with the recognition by executive documents of notarized mediation agreements. Separately, the procedure for certification of a mediation agreement by a notary, the grounds for refusing to certify it, the possibility of changing a notarized mediation agreement, the requirements for a mediation agreement as an executive document are considered.

The journal closes with the traditional Personalia section, which celebrates memorable events and dates, this time around:

- 200 years since the birth of Senator Viktor Antonovich Artsimovich;

- 100 years since the birth of Professor Pyotr Yakovlevich Trubnikov;

- 75th anniversary of Professor Lyudmila Alekseevna Gros;

- The 65th anniversary of Professor Elena Ivanovna Nosyreva.

At the end of the issue, the editorial board of the Vestnik of Civil Process journal regretfully reports that the Honored Scientist of the RSFSR, the chief researcher at the Institute of Legislation and Comparative Law under the Government of the Russian Federation, Doctor of Law, professor, veteran of the Great Patriotic War Oleg Sadikov and outstanding Soviet and Russian civilist, Honored Scientist of the Russian Federation, one of the developers of the Civil Code of the Russian Federation, Doctor of Law, Professor Alexander Makovsky.