Herald of Civil Procedure
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PROBLEMS OF CIVIL PROCEDURE

OPTIMIZATION OF CIVIL PROCEDURAL LEGISLATION TOWARDS THE BALANCE OF SPECIALIZATION AND UNIFICATION OF PROCEDURAL LAW
E.G. POTAPENKO
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PRINCIPLES OF LAW AS A BASIS FOR INTERSECTORAL COOPERATION
M.Yu. LEBEDEV
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ON THE LEGAL NATURE OF ASTRENT
A.V. FIOSHIN
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ON THE CONCEPT OF RECONCILIATION PROCEDURES AND THEIR VALUE ORIENTATIONS
T.V. SAKHNOVA
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CIVIL PROCEDURE ON COMMENT

ON THE NATURE OF RELATIONSHIPS FOR RECONCILIATION AND THE DESIRABILITY OF THEIR REGULATION IN CIVIL PROCEDURAL CODES
S.S. KAZIKHANOVA
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HISTORY OF THE CIVIL PROCEDURE

THE EFFECT OF CIVIL PROCEDURAL LAW IN TIME
V.G. GOLUBTSOV
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FOREIGN CIVIL PROCEDURE

THE CONCEPT OF ACCUMULATION (CONCENTRATION) OF SOCIALLY SIGNIFICANT PUBLIC ELEMENTS IN LEGAL RELATION AS A BASIS FOR NON-ARBITRABILITY OF A DISPUTE
V.V. EREMIN
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CONCEPT AND MODELS OF NOTARIAL SYSTEM IN THE LAW OF RUSSIA, FRANCE, SPAIN, AND ENGLAND
E.V. VERSHININA, D.V. KONOVALOV, M.Yu. ZELENTSOVA, A.O. ODRINSKY
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JUDICIAL AUTHORITY AND PRACTICE

ALIMONY CLAIMS ACTUAL CAREGIVERS OF THE CHILD: PROCEDURAL FEATURES COURT PERMISSION
E.G. KOMISSAROVA, T.V. KRASNOVA
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IS IT POSSIBLE TO GRANT THE RECOVERER AN OPPORTUNITY TO EXECUTE JUDGMENT BY HIMSELF, IF THE DEBTOR AVOIDS PERFORMANCE?
D.A. OLENIN
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DIRECTION OF THE CASE ON JURISDICTION: PROBLEMS OF LEGAL REGULATION AND FEATURES OF PROCEDURAL REGISTRATION
D.Yu. VORONIN
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INDIRECT JUDICIAL CONTROL OVER THE LEGALITY OF ADMINISTRATIVE ACTS
A.F. VASILYEVA
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PERSONALIA

60 YEARS ANNIVERSARY OF DOCTOR OF LEGAL SCIENCES ALEXANDER FEDOROVICH VORONOV
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65 YEARS ANNIVERSARY OF DOCTOR OF LEGAL SCIENCES VASILY VLADIMIROVICH VITRYANSKY
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75 YEARS ANNIVERSARY OF DOCTOR OF LEGAL SCIENCES GALINA LEONIDOVNA OSOKINA
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170 YEARS FROM THE BIRTH OF DOCTOR OF LEGAL SCIENCES EVGENY ALEKSEEVICH NEFEDYEV
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CRITICS AND REVIEW

REVIEW OF THE MONOGRAPH “CONVERGENCE (HARMONIZATION) OF CIVIL PROCEDURAL LAW WITHIN THE EU AND THE POST-SOVIET SPACE (COMPARATIVE LEGAL ASPECT)” BY K.L. BRANOVITSKY
S.L. DEGTYAREV
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THE FUTURE OF CIVIL PROCEDURE

AUTOMATION AND DIGITALIZATION IN LAW ENFORCEMENT AND EVIDENCE GENERATION: STATEMENT OF THE PROBLEM
N.N. MAKOLKIN
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STUDY OF THE PROCEDURAL FORM OF SIMPLIFIED PROCEEDINGS IN THE CONTEXT OF THE PROBLEM OF IMPLEMENTATION OF THE PRINCIPLE OF PROCEDURAL ECONOMY
R.R. DOLOTIN
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Present to you the third issue of the "Herald of Civil Procedure" in 2021

We present to you the third issue of the journal "Herald of Civil Procedure" in 2021! 

This issue of the journal opens with the paper by Professor T.V. Sakhnova, Head of the Civil Procedure Department of the Siberian Federal University, entitled "On the Concept of Conciliation Procedures and their Values". This study argues the thesis that the legislative concept of conciliation procedures - judicial procedural, judicial non-procedural, non-judicial - and its embodiment should correlate with the type of process and historically developed methodology of civilistic process. The author formulates and analyzes the problems of hermeneutics of "conciliation", the understanding and purpose of conciliation procedures foreseen by the law, judicial conciliation as an emerging delegated conciliation procedure, legal qualification of the results of non-judicial conciliation procedure.

The issue is continued by the article "On the Legal Nature of Astrent" written by A.V. Fioshin, professor of the Department of Civil Law Disciplines of the Moscow Academy of the Investigative Committee of the Russian Federation. In this work it is analyzed the question if it is possible to consider an astrent as a kind of responsibility and a way of securing of obligation. The doctrinal views on the attribution of agency to public law, private law or mixed institution are considered. The author proposes the consideration of the legal nature of the institution through the prism of the author's concept of "legal pyramid".

Besides, the section "Problems of Civil Procedure" contains works of our colleagues from Saratov M.Y. Lebedev "Principles of Law as a Basis for Inter-branch Interaction" and E.G. Potapenko "Optimization of Civil Procedural Law in the Direction of Specialization and Unification of Procedural Law".

The current issue of the journal continues with the section "Civil Procedure in Comments", which includes the work entitled "On the nature of conciliation relations and the expediency of their regulation in civil procedural codes", prepared by S.S. Kazikhanova, Associate Professor at the Department of Civil and Administrative Proceedings of the Kutafin Moscow State Law University. The researcher analyzes the changes made to the Code of Civil Procedure of the Russian Federation, the APC RF and the CAS RF by the Federal Law of July 26, 2019 № 197-FZ related to the regulation of conciliation procedures. The author raises the question of whether civil procedural codes should regulate conciliation relations and to what extent.

Section "History of Civil Procedure" presents an article of a representative of the Perm school of law, Head of the Department of Business Law, Civil and Arbitration Procedure of Perm State National Research University, Judge of the Seventeenth Arbitration Court of Appeal, Professor V. G. Golubtsov "Application of the Civil Procedural Law in Time". This research is devoted to theoretical analysis of peculiarities of application of civil procedural law in time, which in modern agenda is given, as it seems,
undeservedly, insufficient attention. It is noted that despite the fact that the action of law in time and space is the basis of theoretical constructions in law, and law enforcement constantly operates with the mentioned categories, in the theory of procedural law in this part there is no complete clarity, as well as there is no system of interrelated established views on a number of individual topical issues related to temporality.

The section "Foreign civil procedure" presents the work of colleagues from the Moscow State Institute of International Relations (University) of the Ministry of Foreign Affairs of Russia - associate professor E.V. Vershinina, as well as D.V. Konovalov, M.Y. Zelentsova, A.O. Odrinsky under the title "The concept and models of notaries in the law of Russia, France, Spain and England". In the article the authors conduct a comparative legal analysis of the concept and models of notariat in Russia, France, Spain and England in order to identify similarities and differences in the legal regulation of the institution of notariat. The section continues with the work of V. V. Eremin's work on "The concept of accumulation (concentration) of socially significant public elements in legal relations as a basis for non-arbitrability of a dispute" continues the section.

In the section "The Future of Civil Procedure" the works of our colleagues from Kazan R.R. Dolotin and N.N. Makolkin were published.

The traditional section "Judical Authority and Practice" opens with the study on "Alimony Claims of Actual Childrearing: Procedural Features of Judicial Resolution" presented by E.G. Komissarova, PhD in Law, Professor of the Civil Law Department of Perm State National Research University and T.V. Krasnova, PhD in Law, Associate Professor of the Civil Law and Procedure Department of Tyumen State University. Their joint article is devoted to a theoretical study of the problem of interaction and correlation of substantive and procedural components in the structure of such a phenomenon as the actual upbringing of a child, and the legal consequences that it entails.

The section is continued by the work entitled "Indirect judicial control of the legality of administrative acts", presented by Associate Professor of the Constitutional Law Department of St. Petersburg State University A. F. Vasilyeva. One of the key ideas of this work is the conclusion that the limits of indirect judicial control over the legality of administrative acts are in their legal force, and the very concept of legal force of administrative acts should be built on the basis of harmonization of interaction of its underlying principles: legality, legal certainty, protection of trust.

This section also presents works by D. Y. Voronin on "Referral of a case to jurisdiction: problems of legal regulation and features of procedural registration" and by D. A. Olenin on "Can a plaintiff be given the right to execute a court decision himself, if the debtor evades execution?

The section "Critics and review" presents the review of the monograph "Convergence (harmonization) of civil procedural law within the EU and in the post-Soviet space (comparative-legal aspect)" by K.L. Branovitsky, professor of the civil procedure chair of the Ural State law university S.L. Degtyarev, representative of the Ural law school. The review is a doctrinal analysis of the monograph, prepared by another representative of the Ural State Law University K.L. Branovitsky before defending his thesis for the degree of Doctor of Law.

The issue closes with the traditional section Personalia, which celebrates memorable events and dates, this time it is:
- 170 years since the birth of Doctor of Law E.A. Nefedyev;
- 75th anniversary of Doctor of Law G.L. Osokina;
- 65th anniversary of Doctor of Law V.V. Vitryansky;
- 60th anniversary of Doctor of Law A.F. Voronov.