Herald of Civil Procedure
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PROBLEMS OF CIVIL PROCEDURE

THE ROLE OF MEDIATION IN THE RESOLUTION OF LEGAL CONFLICTS
T.V. KIVLENOK
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PROCEDURAL RESPONSIBILITY AND IRRESPONSIBILITY, PROCEDURAL AND NATIONAL SECURITY: PROBLEMS OF RELATIONSHIP AND SYSTEM COMMUNICATIONS
D.A. LIPINSKY, A.A. MUSATKINA, E.V. CHUKLOVA
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PROCEDURAL AGREEMENTS IN CIVIL LEGAL PROCEEDINGS: DEFINITION, TYPES, PRACTICAL IMPORTANCE OF DIFFERENTIATION WITH CIVIL CONTRACTS
O.N. SHEMENEVA
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INTERIM MEASURES. HOW TO REBUILD RUSSIA?!
Yu.V. TAI, S.L. BUDYLIN
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COMPLEX BRANCH OF THE LAW OF ENFORCEMENT PROCEEDINGS
D.Ya. MALESHIN
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“THEIR MORALS”. MATERIAL EVIDENCE IN FOREIGN AND RUSSIAN JUDICIAL SYSTEMS (AN ATTEMPT OF COMPARATIVE CHARACTERISTICS), OR A BIT JOKINGLY ABOUT PHYSICAL EVIDENCE, AND THEN – MORE SERIOUSLY
A.T. BONNER
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CIVIL PROCEDURE ON COMMENT

SYSTEMATIZATION OF RULES ON CONCILIATION PROCEDURES AND ITS MAIN CHARACTERISTICS (in Accordance with the Federal Law of 27 july 2019 no. 197-FZ)
A.G. PLESHANOV
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HISTORY OF THE CIVIL PROCEDURE

CONCILIATION PROCEDURES IN RUSSIA: LOOK BACK STUDY AND PROSPECTS FOR DEVELOPMENT
V.V. KOTLYAROVA
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FOREIGN CIVIL PROCEDURE

PROCEDURAL ASPECTS OF THE USE OF SMART CONTRACTS IN CIVIL TRANSACTIONS UNDER LAW OF RUSSIA AND FOREIGN COUNTRIES
L.G. EFIMOVA, I.E. MIKHEEVA, D.V. CHUB
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CLASS LITIGATION IN FINLAND
N.A. SUTORMIN
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JUDICIAL AUTHORITY AND PRACTICE

IMITATION OF A CORPORATE DISPUTE AS A WAY TO OVERCOME THE LEGAL FORCE OF A JUDICIAL ACT
N.R. SAFAEVA
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BENEFITS AND RISKS OF USING MODERN TECHNOLOGIES IN CIVIL PROCEDURE
S.F. AFANASIEV, V.F. BORISOVA, M.N. ZARUBINA, E.A. KUDRYAVTSEVA, S.A. KUROCHKIN, I.N. LUKYANOVA, V. NEKROŠIUS, M.V. SAMSONOVA, E.S. SMAGINA, S.Zh. SOLOVYKH, E.G. STRELTSOVA, A.V. CHAIKINA, I.I. CHERNYKH
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PERSONALIA

60 YEARS ANNIVERSARY OF THE HONORED LAWYER OF THE RUSSIAN FEDERATION, PROFESSOR ELENA VASILIEVNA KUDRYAVTSEVA
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80 YEARS FROM THE BIRTH OF DOCTOR OF LEGAL SCIENCES, PROFESSOR BORIS NIKOLAEVICH YURKOV
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85 YEARS ANNIVERSARY OF DOCTOR OF LEGAL SCIENCES, PROFESSOR NINA MIKHAILOVNA KOSTROVA
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95 YEARS FROM THE BIRTH OF DOCTOR OF LEGAL SCIENCES, PROFESSOR ANATOLY ALEXANDROVICH MELNIKOV
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195 YEARS FROM THE BIRTH OF DOCTOR OF LEGAL SCIENCES, ORDINARY PROFESSOR SEMEN VIKENTIEVICH PAKHMAN
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CRITICS AND REVIEW

THE FUTURE OF CIVIL PROCEDURE

VIDEO CONFERENCING AND WEB CONFERENCING IN CIVIL PROCEDURE
A.Kh. KHISAMOV
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Present to you the fourth issue of the "Herald of Civil Procedure"

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

The issue of the journal is opened by the work of Doctor of Law, Professor of the Moscow State Law University O.E. Kutafina (Moscow State Law Academy) A.T. Bonner on the topic "Their manners". Material evidence in foreign and Russian courts (an attempt at comparative characterization), or about physical evidence a little as a joke, but more seriously. " The author examines the issues of evidence, in particular, some aspects of involving material evidence in the case and in the trial. At the end of this work, the researcher summarizes and points out that the objective reality, as well as law enforcement practice, clearly reflect the versatility of the evidentiary material and the evidentiary base in a particular case, and also that the legal status of objects of the material world can sometimes change rather quickly.

The issue continues with an article by D.Ya., Doctor of Law, Professor of Tyumen State University. Maleshin. In the work entitled "The Complex Branch of the Law of Enforcement Proceedings" the author argues the position that the norms on enforcement proceedings form an independent complex branch of law. Following the general theoretical criteria for identifying an independent branch of law, the article substantiates the existence of an independent subject, method, principles and codified legislation on enforcement proceedings.

This is followed by a work written in collaboration by two practicing lawyers, representatives of the Law Office "Bartolius" Yu.V. Ty and S.L. Budylin. In an article on the topic “Interim measures. How can we arrange Russia ?! " the problem of application of interim measures by Russian courts is discussed. Examines the current legislation, explanations of the highest courts, judicial practice. For comparison, the procedural rules of England and the United States on interim measures, as well as the UNCITRAL rules of arbitration are analyzed. The authors come to the conclusion that there are serious problems with the application of interim measures in Russia and put forward some proposals to remedy the situation.

An interesting article is also on the topic "Procedural agreements in civil proceedings: concept, types, practical significance of differentiation with civil law contracts", published by the doctor of legal sciences, professor of the department of civil law and procedure of Voronezh State University O. N. Shemeneva. In this work, the author substantiates the public-law nature of procedural agreements and argues the impossibility of contractual regulation of civil procedural relations. The concept of procedural agreements is formulated on the basis of the criteria for their differentiation from civil contracts. The author considers procedural agreements as coordinated procedural actions of the parties and other persons participating in the case, aimed at choosing one of the alternative rules for considering and resolving civil cases provided for by law.

The issue is continued by the work "Procedural responsibility and irresponsibility, procedural and national security: problems of correlation and systemic connections", written by representatives of Togliatti State University D.A. Lipinskiy, A.A. Musatkina and E.V. Chuklova. The authors of the article investigate the problem of legal regulation of ensuring national security. The integrative nature of procedural responsibility and procedural security is substantiated, without which the regulation of other varieties of national security is impossible.

In addition, the section "Problems of Civil Procedure" presents the work of the candidate of legal sciences, associate professor of the Department of Civil Law and Procedure of the Law Institute named after M.M. Speransky Vladimir State University. A.G. and N.G. Stoletov T.V. Kivlenok on the topic "The role of mediation in the settlement of legal conflicts."

The current issue of the journal is continued by the section "Civil Procedure in the Comments", in which a work was published on the topic "Systematization of the norms on conciliation procedures and its main parameters (according to Federal Law No. 197-FZ of July 26, 2019)", published by Candidate of Law, Associate Professor of the Department of Civil Procedure of the Ural State Law University A.G. Pleshanov. In this article, the author analyzes the main parameters of the systematization and unification of the norms on conciliation procedures, which were introduced into the procedural legislation of Russia by the Federal Law of July 26, 2019 No. 197-FZ. The systematization carried out is viewed through the prism of three criteria: compliance with scientific ideas about the concept of conciliation procedures and their types; compliance with the social need for the practical application of certain types of conciliation procedures; compliance with the principles of discretion, judicial management of the process and independence of judges.

This is followed by the section "History of Civil Procedure", which is presented by the work of V.V. Kotlyarova, Candidate of Legal Sciences, Associate Professor of the Department of Civil Procedural and Business Law, Samara National Research University. Academician S.P. Korolev, entitled "Conciliation Procedures in Russia: Retrospective and Development Prospects." This article analyzes the formation and development of the institution of conciliation procedures in our country. The investigated legal institution was already known to pre-revolutionary Russian law, and domestic lawyers paid special attention to the development of its foundations.

This issue continues the traditional section "Foreign Civil Procedure", presented by the work "Class Actions in Finland", published by the candidate of legal sciences, senior lecturer at the Department of International Private and Civil Law named after S. S.N. Lebedev of the Moscow State Institute of International Relations (University) of the Ministry of Foreign Affairs of Russia N.A. Sutormin, as well as an article on "Procedural aspects of the use of smart contracts in civil circulation under the law of Russia and foreign countries", which was written by representatives of the Department of Banking Law of the Moscow State Law University. O.E. Kutafina (Moscow State Law Academy) L.G. Efimova, I.E. Mikheeva and D.V. Chubom.

This is followed by the section "The future of civil procedure", which published the work "Technologies of video conferencing and web conferences in civil law process", prepared by the candidate of legal sciences, judge of the Supreme Court of the Republic of Tatarstan, assistant professor of the department of civil procedural law of the Kazan branch of the Russian State University of Justice. .X. Khisamov. The article examines modern trends in the use of video conferencing systems and web conferences in the process of considering civil cases by courts of general jurisdiction and arbitration courts in the context of issues of identifying the identity of participants and ensuring the protection of their personal data.

The traditional section "Judicial Power and Practice" is presented by an overview of the event that took place on May 15, 2020 on the ZOOM platform - a scientific and practical round table "Advantages and Risks of Using Modern Technologies in Civil Procedure", organized by the Department of Civil and Administrative Justice of the Moscow State Law University. O.E. Kutafina (Moscow State Law Academy). In addition, this section contains the work of the Chairman of the Eleventh Arbitration Court of Appeal N.R. Safayeva on the topic "Imitation of a corporate dispute as a way to overcome the legal force of a judicial act." The article analyzes a number of features in the abuse of rights in corporate disputes in the arbitration process. Special attention is paid to the abuse of procedural rights - by overcoming the legal force of judicial acts, possible ways of its suppression are proposed.

The issue of the magazine ends with the traditional section Personalia, which marks memorable events and dates, this time it is:

- 195th anniversary of the birth of ordinary professor Semyon Vikentievich

Pakhman;

- 95 years since the birth of Professor Anatoly Aleksandrovich Melnikov;

- 85th anniversary of Professor Nina Mikhailovna Kostrova;

- 80 years since the birth of Professor Boris Nikolaevich Yurkov;

- 60th anniversary of Professor Elena Vasilievna Kudryavtseva.