We in a citing index:
READ IN THIS ISSUE
PROBLEMS OF CIVIL PROCEDURE
CIVIL-LAW SET-OFF AND SET-OFF MADE WHEN THE COURT SATISFIES COUNTERCLAIMS AND INITIAL CLAIMS: THEORETICAL REFLECTIONS ON THE SIMILARITIES AND DIFFERENCES OF LEGAL INSTITUTIONSRead more
ON THE UNDERSTANDING OF THE INSTITUTION OF LEGAL COSTS AND ITS RELATIONSHIP WITH LOSSES IN THE ASPECT OF MODERN LEGAL POLICYRead more
ALTERNATIVE METHODS TO RESOLVE CONSUMERS DISPUTESRead more
SYSTEM OF MAIN PROCEEDINGS FOR THE PROTECTION OF PUBLIC LEGAL INTERESTS: WHAT SHOULD IT BE LIKERead more
LIMITS OF JUDICIAL DISCRETION IN ASSESSING THE LEGAL BEHAVIOR AND LEGAL EFFECTIVENESSRead more
CIVIL PROCEDURE ON COMMENT
THE NORMATIVELY FIXED “CRITERIA” OF QUALIFIED LEGAL ASSISTANCE IN CIVIL PROCEEDINGS AND ARBITRATION PROCEDURE ARE ON THE AGENDA (IN THE LIGHT OF THE RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION OF 16 JULY 2020 NO. 37-P)Read more
HISTORY OF THE CIVIL PROCEDURE
SPECIAL KNOWLEDGE IN CIVIL PROCEEDINGS: THE HISTORY OF THE ISSUERead more
FOREIGN CIVIL PROCEDURE
REVIEW OF PRELIMINARY INJUNCTION ORDERS IN U.S. COURTSRead more
CONCEPT AND TYPES OF MEDIATION SET FORTH IN THE LEGISLATION AND EXPOUNDED IN THE LEGAL DOCTRINE IN RUSSIA, FRANCE, SPAIN, AND THE USARead more
E.V. VERSHININA, D.V. KONOVALOV, V.S. NOVIKOV, S.V. KHOKHLACHEVA
E.V. VERSHININA, D.V. KONOVALOV, V.S. NOVIKOV, S.V. KHOKHLACHEVA
JUDICIAL AUTHORITY AND PRACTICE
ON THE PROBLEMS OF EXERCISING THE AUTHORITY OF THE REPRESENTATIVE OF THE CLAIMANT TO RECEIVE THE AWARDED FUNDS: ALL DOUBTS ARE NOT IN FAVORRead more
PROBLEMS OF RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS IN INTELLECTUAL PROPERTY DISPUTESRead more
THE ISSUES ADJUDICATED DECISIONS ON TERMINATION OF CRIMINAL PROCEEDINGS ON NON-REHABILITATING GROUNDS IN CIVIL PROCEEDINGSRead more
I.Yu. ZAGORUIKO, B.D. EGOROV
I.Yu. ZAGORUIKO, B.D. EGOROV
JUDICIAL CONCILIATION AND JUDICIAL CONCILIATORRead more
E.A. EVTUKHOVICH, D.G. FILCHENKO
E.A. EVTUKHOVICH, D.G. FILCHENKO
100 YEARS FROM THE BIRTH OF PROFESSOR MARK SAMUILOVICH FALKOVICHRead more
90 YEARS FROM THE BIRTH OF PROFESSOR JOSEPH MOISEEVICH REZNICHENKORead more
55 YEARS ANNIVERSARY OF DOCTOR OF LEGAL SCIENCES, PROFESSOR INNA VIKTOROVNA PANOVARead more
55 YEARS ANNIVERSARY OF DOCTOR OF LEGAL SCIENCES, PROFESSOR OLEG VLADIMIROVICH BAULINRead more
DEAR FRIEND AND MULTIPLE COMRADE (IN MEMORY OF ALEXANDER TIMOFEEVICH BONNER)Read more
CRITICS AND REVIEW
THE FUTURE OF CIVIL PROCEDURE
REVISITING THE RECOURSE PERIOD IN CONNECTION WITH HOUSING DISPUTES OF CIVIL SERVANTS AND THEIR FAMILY MEMBERSRead more
ALIENS AS INTERNATIONAL CIVIL PROCEDURE ACTORS IN RUSSIAN AND U.S. LAW: THE ISSUE OF INTERNATIONAL COMMERCIAL LITIGATIONRead more
Present to you the sixth issue of the "Herald of Civil Procedure"
We present to you the sixth issue of the journal “Herald of Civil Procedure” in 2020.
Of course, 2020 was extremely difficult and unusual. Our vocabulary has been replenished with new terms, such as "distant", "zoom", "lockdown", which experts of the authoritative Collins dictionary recognized as the "word of the year", "isolation", included in the TOP words according to the Oxford English Dictionary, whose experts noted, that 2020 is “a year that cannot be accurately described in one word” and many others.
Leap year has changed life on the entire planet. Now our wardrobes have been replenished with a new must-have accessory, which we are afraid to leave at home or in the car and go somewhere, we all also witnessed, perhaps, unique historical events that our descendants, we hope, will have to learn only from textbooks, studying how to take breaks in the work of the judicial system, and the introduction of a pass system and the ability to walk only with pets in the local area. Even write about it
scary, but this is our story.
At the same time, it does not happen that there is no "but", and it was this year too! Without hiding my words of pride, I would like to note with great gratitude to all colleagues that the Symposium of the journal "Bulletin of Civil Procedure" in 2020 was held in person. Yes, with restrictions, yes, in masks, yes, not without internal fears, but it took place. In fairness I should to thank V.V. Yarkova, P.V. Krasheninnikova, L.A. Novoselov, B.M. Gongalo, L.Yu. Mikheev, L.T. Bakulin, R.G. Minzaripov and, of course, K.I. Samoilov, after all, these people, one way or another, became a real locomotive, driving force, an example of devotion to science, having decided to participate in the event and to hold it. It seems that the communication, those meetings that support the existing community within the framework of the Symposium and unite all of us, every year only strengthen the long-formed ties not only at the level of interpersonal relationships, but also at the level of law schools.
Happy New Year 2021, dear colleagues and readers! Let the coming year be at least no worse than the previous one in every sense of the word!
The current issue of the journal opens with an article by Professor of the Ural State Law University D.B. Abushenko on the topic "Civil law offset and offset, produced when the court satisfies counterclaims and initial claims: theoretical reflections on the similarities and differences of legal institutions." From the very first pages of his work, the author warns all of us that the work is large-scale, detailed and will be published in separate parts in different issues of the journal. This article highlights the main scenarios on the basis of which the coexistence of two seemingly similar legal institutions could be built - civil legal offset and offset made when the court satisfies the counter and initial claims (a scenario based on the displacement of one institution by another; a scenario based on admissibility parallel implementation of each of the institutions; a scenario based on a mixed model of implementation of each of the institutions).
The issue continues with an article entitled “On the Understanding of the Institution of Legal Costs and Its Correlation with Losses in the Aspect of Modern Legal Policy,” published by our Saratov colleague, Professor S.F. Afanasyev. A common thread running through the entire study is the idea that litigation costs do not correlate with finding contractual or non-contractual
obligations, as well as the need for compensation for harm to a person who has suffered from a guilty act. As an institution of civil procedural law, court costs are subject to recovery not due to the designated, but due to the administration of justice in a civil or administrative case and are directly dependent on its final outcome.
In an article by a senior researcher at the Institute of Legislation and Comparative Law under the Government of the Russian Federation M.O. Dyakonova on the topic "Alternative ways of resolving disputes with the participation of consumers", the draft federal law "On Amendments to the Law of the Russian Federation" On Protection of Consumer Rights "and the Federal Law" On an Alternative Procedure for Settlement of Disputes with the Participation of a Mediator (Mediation Procedure) " legal framework for the development of a system of alternative online dispute resolution mechanisms ”. The paper analyzes the above draft law, compares the projected norms with the approaches implemented in foreign legislation, proposes measures to improve the current consumer protection legislation by creating an online platform for resolving consumer disputes.
The current issue of the journal is continued with the section "Civil Procedure on Comments", in which the work of the Associate Professor of the Faculty of Law of the National Research University Higher School of Economics D.I. Bekyasheva entitled "On the agenda are the normatively fixed" criteria "of qualified legal assistance in civil proceedings and arbitration proceedings (in the light of the Resolution of the Constitutional Court of the Russian Federation of July 16, 2020 No. 37-P)". The investigated Resolution, according to the author, states the presence of a minimum standard, which externally appears as a forecast of the supposed additional (more close) attention to a set of criteria for professional representation, on the inside, this argument of the Constitutional Court of the Russian Federation is only only by aporia, a logically correct conclusion, which is still incapable of existing in reality.
The section "History of civil procedure" presents the work of the associate professor, head of the department of criminal law disciplines of the Institute of Law of the Vladivostok State University of Economics and Service A.V. Vereshchagina on the topic "Special knowledge in civil procedure: to the history of the issue." The article deals with the formation and development of the institute of special knowledge in civil proceedings up to 1917. The author notes that the most important provisions of the pre-revolutionary institution that distinguish it from the existing modern model are: 1) the identity of the status of holders of special knowledge involved in the resolution of disputes; 2) the main role of the court in the appointment of an examination (research) and the appointment of experts from among persons who have the legal right to engage in expert activities.
The section "Foreign Civil Procedure" opens with an article on the topic "The Concept and Types of Mediation in the Legislation and Legal Doctrine of Russia, France, Spain and the United States," presented by colleagues from MGIMO, MFA of Russia E.V. Vershinina, D.V. Konovalov, V.S. Novikov and S.V. Khokhlacheva. The authors set the key objectives of the study to determine the legal nature of the mediation procedure by analyzing the various definitions of the concept of mediation, which are given in the legislation and legal doctrine of Russia, France, Spain and the United States, identifying similarities and differences in these definitions, as well as a comparative analysis of the types of mediation.
This section is continued by the work of Candidate of Physical and Mathematical Sciences, Counselor of the Bartolius Law Office, Visiting Lecturer at the Faculty of Law of the National Research University Higher School of Economics S.L. Budylin on the topic "Reconsideration of decisions on the introduction of interim measures in the US federal courts", in which the author puts forward and substantiates the thesis that, according to American rules, the most important factor taken into account by the court when introducing interim measures is the likelihood of the plaintiff's success in resolving a dispute over essence.
This is followed by the section "The Future of Civil Procedure", which opens with the work on the topic "Foreign Persons as Subjects of International Civil Procedure in Russia and the United States: the Problem of Judicial Consideration of International Commercial Disputes," State Law University, winner of the Actio civilis 2020 competition held by the editorial board of the journal, V.O. Puchkov.
The traditional section "Judicial Authority and Practice" is presented by a number of studies by colleagues from all over Russia, and the title article of this section is a study by a professor at the Department of Intellectual Property Rights at Moscow State Law University. O.E. Kutafina (Moscow State Law Academy) N.A. Shebanova on the topic “Problems of recognition and enforcement of foreign judgments on disputes in the field of intellectual property ", in which the author attempts to assess the prospects for the recognition and enforcement of a foreign court decision made on a dispute over intellectual property rights.
The issue of the magazine ends with the traditional section Personalia, which marks memorable events and dates, this time it is:
- 100th anniversary of the birth of Professor Mark Samuilovich Falkovich;
- 90 years since the birth of Professor Joseph Moiseevich Reznichenko;
- 55th anniversary of Professor Inna Viktorovna Panova;
- 55th anniversary of Professor Oleg Vladimirovich Baulin.
In conclusion, it should be noted that this year also brought general large-scale losses that affected everyone, and here one cannot fail to say without bitterness and deep grief about the departure of the master of law, one of the pillars of domestic procedural science, Honored Scientist of the Russian Federation, Honorary Worker of Higher Professional Education RF, Doctor of Law, Professor and, finally, our general mentor A.T. Bonner and other untimely departed colleagues, whom we all know about and whom we all remember.