Herald of Civil Procedure
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PROBLEMS OF CIVIL PROCEDURE

THE NOTION OF THE SYSTEM OF CIVIL PROCEDURAL LAW
V.M. SHERSTYUK
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THE LONG ARM OF TORT LAW. THE COMPETENCE OF U.S. COURTS IN DEFAMATION CLAIMS AGAINST FOREIGN DEFENDANTS
Yu.V. TAI, S.L. BUDYLIN
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LYING OF A PARTY IN THE ARBITRATION COURT AS A PROCEDURAL LEGAL FACT
A.R. SULTANOV
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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 INSTITUTIONS (continuation)
D.B. ABUSHENKO
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“INCOMPLETE” COURT PROCEDURES IN MODERN CIVIL PROCEDURE
T.V. SAKHNOVA
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CIVIL PROCEDURE ON COMMENT

RIGHT OF ACTION TO CHALLENGE TRANSACTIONS THAT RESULT IN FOREIGN INVESTORS GAINING CONTROL OVER BUSINESS ENTITIES OF STRATEGIC IMPORTANCE
D.A. FEDYAEV
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HISTORY OF THE CIVIL PROCEDURE

REASONS FOR THE REVIVAL OF ARBITRATION, INCLUDING SPORTING, OTHER FORMS OF ADR
S.V. ALEXEEV, V.S. KAMENKOV
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FOREIGN CIVIL PROCEDURE

NATURE OF LEGAL RELIEF THROUGH THE LENS OF INTERNATIONAL CIVIL PROCEDURE
V.N. KOSTSOV
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THE CONCEPT AND THE MAIN FEATURES OF ONLINE DISPUTE RESOLUTION
V.V. TEREKHOV, I. LUNGU
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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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INSTITUTION OF APPEAL OF THE DECISIONS OF THE RUSSIAN COURT OF ARBITRATION FOR DOPING DISPUTES TO THE COURT OF ARBITRATION FOR SPORT (CAS): PROCEDURAL PROBLEMS AND PROSPECTS
A.V. CHEBOTAREV, Ya.N. RZHEPIK
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ON THE CONCEPT AND CONTENT OF “ANOTHER ORDER OF PRE-TRIAL SETTLEMENT OF DISPUTES, ESTABLISHED BY THE AGREEMENT”
D.G. FILCHENKO, E.A. EVTUKHOVICH
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CURRENT QUESTIONS OF LAW ENFORCEMENT PRACTICE ON THE APPLICATION OF LEGISLATION ON ENFORCEMENT PROCEEDINGS: THE EXPERIENCE OF THE TWELFTH ARBITRATION COURT OF APPEAL
S.Yu. SHARAEV, D.Kh. VALEEV, T.V. VOLKOVA
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PERSONALIA

50 YEARS ANNIVERSARY OF DOCTOR OF LEGAL SCIENCES OKSANA VLADIMIROVNA ISAYENKOVA
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75 YEARS ANNIVERSARY OF DOCTOR OF LEGAL SCIENCES GENNADY ALEXANDROVICH ZHILIN
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95 YEARS FROM THE BIRTH OF CANDIDATE OF LEGAL SCIENCES SERAFIMA ALEKSANDROVNA IVANOVA
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100 YEARS FROM THE BIRTH OF DOCTOR OF LEGAL SCIENCES NADEZHDA ALEKSANDROVNA CHECHINA
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CRITICS AND REVIEW

REVIEW ON THE E.A. IVANOVA’S BOOK “AGREEMENTS IN THE FIELD OF CIVIL JURISDICTION: PROCEDURAL AND LEGAL ASPECT”
S.P. GRUBTSOVA
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THE FUTURE OF CIVIL PROCEDURE

ESTOPPEL IN THE CONTEXT OF RUSSIAN CIVIL PROCEDURE: ASPECTS OF THEORY AND PRACTICE
A.V. YAKHIMOVICH
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Present to you the fourth issue of the "Herald of Civil Procedure" in 2021

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

The issue of the journal opens with the work of V. M. Sherstyuk, Doctor of Law, Professor of the Moscow State University named after M. V. Lomonosov, entitled "The concept of the system of civil procedural law". The work identifies the essential features of the concept of "the system of civil procedural law", defines the grounds for the allocation of its structural units and their composition, gives a definition of this category. In particular, the author has formulated the idea that the system of civil procedural law is an internally consistent set of civil procedural rules, institutions and other relatively independent structural subdivisions of this branch of law, naturally interconnected into a single whole due to the unity of civil procedural relations.

The issue is continued by the article of T.V. Sakhnova, Doctor of Law, Professor, Head of the Department of Civil Procedure of the Siberian Federal University on "Incomplete" court procedures in modern civil procedure. One of the key ideas of this research lies in the fact that the procedural nature of the Russian process, laid down in the codes of early XX century, now acquires conceptual importance, which requires a different methodology for solving current legislative problems. The procedures considered by the author is a "litmus test" of the methods of justice, allowing to comprehend the general vector of the further way of reforming the civilistic process. 

The article "Civil Law Set-off and Set-off by the Court Satisfaction of Counterclaim and Primary Claim: Theoretical Reflections on the Similarity and Differences of Legal Institutions", published by D.B. Abushenko, Doctor of Law, Professor of the Ural State Law University Civil Procedure Department, presents the next part of his work, which was published during 2021 in the previous issues of "The Civil Process Bulletin".

Besides, the section "Problems of Civil Procedure" presents the work of our colleague, the permanent author of the journal, head of the Legal Department of PJSC "Nizhnekamskneftekhim" A. R. Sultanov under the title "Falsehood of a party in the arbitration court as a procedural legal fact". The study puts forward the idea that the development of the principle of good faith in civil law should have a serious impact on the arbitration process and make the lie in court unprofitable. The author also argues that there should be no deception of the court, since any decision based on a lie is not fair and contradicts the principle of the rule of law. In a situation where dishonesty does occur, there should be a mechanism to remedy the situation and level out the consequences of the dishonesty.

This section closes with the work of representatives of the legal practice - Y. V. Tay, PhD in Law, the managing partner of the Bartolius Law Office, and S. L. Budylin, PhD in Physics and Mathematics, counselor of the Bartolius Law Office. In their joint paper on "The Long Arm of Tort Law. The Competence of U.S. Courts in Defamation Suits against Foreign Defendants" notes an interesting aspect about defamation suits: for state courts to have jurisdiction over a foreign defendant, not only does the defamatory information have to actually reach a sufficient number of state residents, but also the foreign defendant's purposeful actions are directed specifically at that state.

Continues the current issue of the journal the section "Civil Procedure on Comment", which includes the work of D. Fedyaev, PhD in Law, Associate Professor of the Department of Business Law, Civil and Arbitration Procedure of the Faculty of Law of Perm State National Research University on "The right to claim in challenging transactions resulting in the establishment of control of foreign investors over business entities of strategic importance".

The section "History of Civil Procedure" presents the work entitled "The Reasons for Revival of Arbitration Courts, including Sports Courts and Other Forms of Arbitration", prepared jointly by Professors S.V. Alekseev, PhD, representing the Higher School of Economics and the Institute of Legislation and Comparative Law under the Russian Government, and V.S. Kamenkov, Director of the International Scientific and Educational Center for Mediation, Conciliation and Arbitration Procedures at the Belarusian State University. The authors express their opinion about the modern understanding of arbitration. The article tells about the development of the institute of mediation in the Russian Federation and the Republic of Belarus and provides comparative analysis of mediation and other forms of dispute resolution.

The traditional section "Foreign civil procedure" is presented by representatives of Vilnius University - V. V. Terekhov, Ph. Terekhov and Master of Law I. Lungu, titled "The concept and key features of online dispute resolution". This paper addresses the phenomenon of "online dispute resolution" gaining popularity in practice and in legal science, involving the resolution of social conflicts with the help of advanced Internet technologies. It is noted that despite the existence of a large number of institutions offering relevant services (online dispute resolution providers), there is still no certainty regarding the concept and main features of online dispute resolution as a socially relevant activity.

This section also presents the work of another representative of the Higher School of Economics, Master of Private Law, post-graduate student of the International Law Department of the Faculty of Law V.N. Kostsov on "The Legal Nature of Legal Remedies through the Prism of International Civil Procedure".

Next in this issue of the journal is the section "The Future of Civil Procedure", in which a paper entitled "On Estoppel in Russian Civil Procedure: Issues of Theory and Practice", prepared by A.V. Yakhimovich, Master of Law from the University of Edinburgh, is published. One of the conclusions of this study the author refers to the assumption that Russian judicial practice and theory are based on the possibility of applying the broadest possible concept of estoppel, as it is seen as an expression of the substantive legal principle of good faith. But a comparative legal analysis on the basis of English law shows that under the general term estoppel hides a set of heterogeneous institutions of both substantive and procedural law, including estoppel in its essence.

Traditional section "Judicial authority and practice" is presented by joint work of representatives of legal science and practice, namely the chairman of the Twelfth arbitration court of appeal S.Y. Sharayev, doctor of law, professor, the representative of the Kazan school of law D.H. Valeev, as well as another representative of this court, candidate of law, associate professor T.V. Volkova. Their work entitled "Topical issues of law enforcement practice on the application of legislation on enforcement proceedings: the experience of the Twelfth arbitration court of appeal" is a scientific and practical analysis of the Twelfth arbitration court of appeal disputes related to the application of legislation on enforcement proceedings in 2019-2021, and includes individual scientific judgments, formulated on the basis of law enforcement practice.

This section continues with studies by representatives of Voronezh University D.G. Filchenko and E.A. Evtukhovich, as well as the work of another representative of the Higher School of Economics, A.V. Chebotarev and J.N. Rzhepik.

The issue closes with the traditional section Personalia, which celebrates memorable events and dates, this time it is:
- 100 years since the birth of Doctor of Law Nadezhda Aleksandrovna Chechina;
- 95th anniversary of the birth of Serafima Alexandrovna Ivanova, PhD in Law;
- 75th anniversary of the birth of Doctor of Law Gennady Aleksandrovich Zhilin;
- 50th anniversary of Doctor of Law Oksana Vladimirovna Isayenkova.