Herald of Civil Procedure
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PROBLEMS OF CIVIL PROCEDURE

THE METHODOLOGY OF TEACHING CIVIL PROCEDURE (MEMORIES OF MIKHAIL KONSTANTINOVICH TREUSHNIKOV)
E.V. KUDRYAVTSEVA
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ON EVIDENCE AND PROOF IN CIVIL PROCEDURE (IN MEMORY OF PROFESSOR M.K. TREUSHNIKOV)
T.V. SAKHNOVA
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APPEAL PROCEEDINGS: HISTORY, THEORY, PRACTICE
E.A. BORISOVA
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ADMISSIBILITY OF EVIDENCE AND JUDICIAL ACTIVISM IN THE MODERN PROCESS OF EVIDENCE
I.V. RESHETNIKOVA
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NECESSARY (COMPULSORY) EVIDENCES IN CIVIL PROCEDURE
S.V. NIKITIN
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METHODOLOGICAL SIGNIFICANCE OF DIALECTICAL CATEGORIES IN THE IDENTIFICATION AND STUDY OF PROBLEMS OF CIVIL AND ARBITRATION PROCEDURE LAW
V.M. SHERSTYUK
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CLASS ACTIONS IN CIVIL PROCEDURE: ENFORCEMENT ISSUES
V.V. YARKOV
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CIVIL PROCEDURE ON COMMENT

CONTRADICTION TO THE PUBLIC POLICY OF THE RUSSIAN FEDERATION AS A GROUND FOR CANCELLATION OF THE DECISION OF THE ARBITRATION COURT AND REFUSAL TO ISSUE A WRIT OF EXECUTION
V.V. MOLCHANOV
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SECURING EVIDENCE IN CIVIL PROCEDURE: DEVELOPMENT OF THEORY, LEGISLATIVE AND PRACTICE
E.I. NOSYREVA, D.G. FILCHENKO
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HISTORY OF THE CIVIL PROCEDURE

JUDICIAL REFORM OF THE LATE 20TH – EARLY 21ST CENTURIES IN RUSSIA
V.M. ZHUIKOV
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SCIENTIFIC VIEWS OF M.K. TREUSHNIKOV THROUGH THE PRISM OF PUBLICATION ACTIVITY
D.Kh. VALEEV, N.N. MAKOLKIN
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FOREIGN CIVIL PROCEDURE

ON THE ROLE OF PROFESSOR M.K. TREUSHNIKOV IN THE DEVELOPMENT OF THE SCHOOL OF CIVIL PROCEDURE LAW OF THE REPUBLIC OF BELARUS
I.N. KOLYADKO
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THE STANDARD OF PROOF UNDER LITHUANIAN AND RUSSIAN CIVIL PROCEDURE LAW: A COMPARATIVE ANALYSIS
V. MIKELENAS
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IN NOVUM RESTRICTION IN LITHUANIAN CIVIL PROCEDURE LAW
V. NEKROŠIUS
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JUDICIAL AUTHORITY AND PRACTICE

CONCLUSIONS OF THE EXPERIENCED PERSONS
L.A. TEREKHOVA
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ON COGNITION AND PROVING IN CASES OF NON-CONTENTIOUS JURISDICTION
V.V. ARGUNOV
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THE EFFICIENCY OF PROOF IN CIVIL PROCEDURE: THEORETICAL AND METHODOLOGICAL ASPECTS
S.A. KUROCHKIN
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PERSONALIA

180 YEARS FROM THE BIRTH OF DOCTOR OF LAW KRONID IVANOVICH MALYSHEV
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95 YEARS FROM THE BIRTH OF DOCTOR OF LEGAL SCIENCES VLADIMIR MIKHAILOVICH SEMENOV
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85 YEARS FROM THE BIRTH OF DOCTOR OF LEGAL SCIENCES YAGFAR FASKHETDINOVICH FARKHTDINOV
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85 YEARS ANNIVERSARY OF DOCTOR OF LEGAL SCIENCES LYUDMILA ANTONOVNA VANEEVA
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70 YEARS ANNIVERSARY OF DOCTOR OF LEGAL SCIENCES ALEXANDER GENNADYEVICH LISITSYN-SVETLANOV
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55 YEARS ANNIVERSARY OF DOCTOR OF LEGAL SCIENCES ELENA ALEXANDROVNA BORISOVA
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IVAN NIKOLAEVICH SENYAKIN (11.09.1949–08.10.2021) – OBITUARY
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CRITICS AND REVIEW

THE FUTURE OF CIVIL PROCEDURE

ON THE ESSENCE OF EVIDENCE IN THE CONTEXT OF THE USE OF NEW DIGITAL TECHNOLOGIES IN CIVIL PROCEDURAL ACTIVITIES
S.F. AFANASYEV
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Present to you the fifth issue of the "Herald of Civil Procedure" in 2021

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

This issue claims to be one of the most unique in the history of the journal. First, it is the 60th issue of the Herald of Civil Procedure, which celebrated exactly 10 years since the first issue was published. Secondly, it happened so that this issue was not just a current issue, but a thematic special edition. And thirdly, but by no means in terms of importance, but based solely on the logic of the narrative and taking into account that this is a special issue, it is worth mentioning its theme, which united the whole color of civil procedural thought in Russia, as well as representatives of foreign schools of law: the theme of this issue is "The Way to the Law", this concept itself, as well as, of course, its author - Mikhail Konstantinovich Treushnikov, who inscribed his name with golden letters not just in the science of civil procedure, but in the whole science of law and, perhaps, science as a whole. Mikhail Konstantinovich's passing is an irreplaceable loss, but it is gratifying that we, his students and contemporaries, not only honor the memory of the great scholar, but also continue his work and share his ideas with special trembling, trying to carry them to the masses and give them new life - is this not immortality for a scholar?

Turning to the history of the creation of this issue, it is impossible not to dwell on the people who made it possible. Of course it was Anton Mikhailovich Treushnikov, who supported this idea and approved the initiative, which originated somewhere at the junction of three cities: Moscow, Kazan, and Yekaterinburg, and also Elena Vasilievna Kudryavtseva and Sergey Anatolievich Kurochkin, who wanted to prepare articles for the current issue of Vestnik devoted to the ideas of Professor Treushnikov and timed to his birthday. Of course, this idea was supported by the editorial board, but not just supported - it grew like a seed and turned into a grandiose idea of preparing a special issue, which launched a peculiar mechanism for attracting authors to this issue of the journal. Continuing this historical excursion and touching on the issue of inviting colleagues to participate in the preparation of this issue, we can't but name two more figures, not just scientists, but colleagues and, I dare say, friends of Mikhail Konstantinovich, namely his successor in a way, Valery Vladimirovich Molchanov, as well as another bright representative of the Lomonosov Moscow State University school of procedure, Elena Alexandrovna Borisova, who undertook a large-scale work on the selection of the authors of the issue.

All this would not have been possible or would have been possible otherwise without the unconditional support of a true friend of all contemporary legal scholars, Kirill Ivanovich Samoilov, who only learned of this project after the fact, when the issue had already been sent to the editor for proof-reading (this happened during a conversation at the 2021 Symposium "Herald of Civil Procedure"). Isn't this the respect and recognition that imbues this issue?

Returning to this disclaimer, we can again say that all this would not have been realized, or it would have been realized differently, but for all 60 issues of the journal, seven books of the Classics of Civil Procedure and eight symposia of the Herald... For the sake of the historical truth we want to mention some more people. To begin with the person who has been working with the Bulletin the longest and who has become its permanent designer, responsible for the aesthetic component of each issue, and who does her inconspicuous work so well that no one even thinks of questioning the appearance of the magazine, and this remarkable person is Viola Vladimirovna Samoilova. Continuing this story, I would like to mention a few more people whose names are on the first pages in small print, the assistants to the editor-in-chief, who truly put their heart and soul into every issue. Speaking of this category of people, we should "remember everything": so, the first person to hold this position was Sergei Baranov. Then this banner was taken over by Elena Vladimirovna Bazilevskikh, whose name first appeared in № 6 of the "Herald" for 2016, and already in the 1st issue of 2020 opposite the above column was Nikita Nikolaevich Makolkin, who works in the "Herald" team half of the time that the magazine exists. Of course, there are more people who care about the journal and have been working hand in hand with it all these years, and if we talk about all of them and their contributions, the whole issue will not suffice, but we would like to note some of them, at least briefly: first, its founders, among whom in addition to Kirill Ivanovich are Alexander Gennadyevich Dolgov, Marat Second, these are the journal's partners, including Aidar Sultanov, Yuli Tai, Vyacheslav Gusyakov, Konstantin Egorov, and many others.

Ten years have passed unnoticed, but as it is, it is a small life with many people, many different stories and pleasant memories, and it is all connected to one small family of sorts, a family of people in love with the civil process, who, because of their small number know each other personally and always find an opportunity to support each other in every way, which has become a tradition. But every tradition, every custom has its origins. Now it is hard to remember where this came from, but it is safe to say that many of us were introduced to it by an immensely bright man, a true inflexible pillar of modern jurisprudence - Mikhail Konstantinovich Treushnikov! And I, as the Editor-in-Chief of the Newsletter of Civil Procedure, am glad to realize that by some improbable coincidence the honor of preparing such a responsible work fell to the Vestnik team, for which I would like to express my sincere gratitude to all the authors who entrusted us with this, to all the people involved in this issue, who made it possible by their joint efforts to put the plan into practice, and of course to all those who have been around for these 10 years.

Moving on to the traditional part of the introduction, I would like to note that the issue of the journal opens with the work of Dr. Elena V. Kudryavtseva, Professor, representing the Department of Civil Procedure of the Lomonosov Moscow State University, titled "Methods of teaching civil procedure (memories about Mikhail K. Treushnikov)", which analyzes the methods of teaching the mentioned discipline, emphasizes the methods of lectures, seminars, games, and also points out that Mikhail K. Treushnikov was the best person to teach the course.

The issue continues with an article by Tatyana Vladimirovna Sakhnova, Doctor of Law, Professor, Head of the Department of Civil Procedure at the Siberian Federal University. The research on "On Proof and Evidence in Civil Procedure (in Memory of Prof. M.K. Treushnikov)" points out that the problems of judicial proof and judicial evidence became the core of scientific research and achievements of Prof. M.K. Treushnikov, who continued the best traditions of Russian law and formulated the basis for the modern paradigm of evidence in civil proceedings, which was reflected in the 2002 Civil Procedure Code of the RF.

In the work entitled "The Admissibility of Evidence and the Activity of the Court in Contemporary Evidentiary Proceedings", written by Irina Reshetnikova, Doctor of Law, Professor, Chair of the Arbitration Court of the Ural District, the author tells about the history of personal communication with M. Treushnikov and the influence of his ideas on contemporary civil and arbitration procedural law and legislation.

This section continues with the article by Sergey Nikitin, Doctor of Law, Professor, Head of the Department of Civil and Administrative Court Proceedings of the Russian State University of Justice, entitled "Necessary (Mandatory) Evidence in Civil Proceedings". In this paper the author examines the concept and procedural and legal meaning of necessary (mandatory) court evidence, analyzes the positive rule of admissibility of evidence formulated by M.K. Treushnikov, who was the first in procedural doctrine to pay attention to the legal obligation to use certain means of proof in establishing certain legal facts.

The next work presented in this section comes from the pen of another representative of the Department of Civil Procedure of Lomonosov Moscow State University - Doctor of Law, Professor Vladimir Mikhailovich Sherstyuk. His work on "The Methodological Significance of the Categories of Dialectics in the Identification and Study of Problems of Civil and Arbitral Procedural Law" is devoted to the study of the use of certain categories of dialectics both in identifying and in studying problems of civil and arbitral procedural law.

In addition, the section "Problems of Civil Procedure" presents the work of a colleague from the Ural State Law University - Doctor of Laws, Professor, Head of the Department of Civil Procedure Vladimir Vladimirovich Yarkov. In his work titled "Class actions in civil proceedings: questions of law enforcement" he concludes that every new legal institute gives rise to a number of debatable questions in the process of law enforcement. And therefore it is very important to refer to the general provisions of the Code of Civil Procedure of the Russian Federation, developed under the guidance of Professor M.K. Treushnikov, which allow to find the best solution for this or that problem of legal regulation and law enforcement.

The first section closes with the article "Appellate proceedings: history, theory, practice" prepared by Elena Alexandrovna Borisova, Doctor of Law, Professor of the Department of Civil Procedure at Lomonosov Moscow State University. In the mentioned work substantiates the necessity of fixing norms on appeal proceedings under the rules of either full or incomplete appeal. The author argues that the quality of judicial protection of civil rights depends on the quality of legislative regulation of the procedure of consideration of a case by the court of appeal instance.

The current issue of the journal continues with the section "Civil Procedure in Comments" which opens the work of Valery Vladimirovich Molchanov, Doctor of Law, Professor, Head of the Department of Civil Procedure of M.V. Lomonosov Moscow State University on "Contradiction to public order of the Russian Federation as a ground for cancellation of an arbitration court decision and refusal to issue a writ of execution". This article concludes that the function of the state courts to control the arbitration proceedings is, among other things, to ensure compliance of the results of the arbitration proceedings with the fundamental legal values, which include the legality of decisions made by arbitration courts in terms of interpretation and application of the rules of law.

This section also included a study prepared by representatives of Voronezh State University - Elena Nosyreva, Doctor of Law, Professor, Head of the Department of Civil Law and Procedure, and her colleague - Denis Filchenko, PhD in Law, Associate Professor. Their work "Security of Evidence in Civil Procedure: Development of Theory, Law and Practice" represents the analysis of the institute of security of evidence in civil proceedings from the point of view of the development of its legal regulation, doctrine and practice, and is based upon the doctrine of Professor M.K. Treushnikov concerning evidence.

The section "History of Civil Procedure" presents the work of a colleague from the Institute of Legislation and Comparative Law under the Government of the Russian Federation - Doctor of Law, Professor Victor Martenianovich Zhuykov on "The Judicial Reform in Russia in the late XX - early XXI Centuries". In his study the author analyzes the reforming of the Russian legislation regulating the activities of the courts in reviewing civil cases, which began with the advent of the 1990s and continues to this day.

This section also includes an article prepared by representatives of the Kazan School of Law - Doctor of Law, Professor, Deputy Dean of the Faculty of Law of Kazan (Volga Region) Federal University on scientific activities Damir Khamitovich Valeev and junior researcher of the Faculty of Law of the same University Nikita Nikolaevich Makolkin, entitled "Scientific views of M.K. Treushnikov through the prism of publication activity". This study is a brief analysis of the scientific activity of Mikhail Konstantinovich Treushnikov, conducted through the prism of his publication activity in all its manifestations. In addition, this work is an attempt to collect a complete bibliography of Mikhail Konstantinovich.

In the traditional section "Foreign civil procedure" the works of foreign colleagues, friends of Mikhail Konstantinovich, are presented. The section opens with the work "About the role of Professor M.K. Treushnikov in the development of the school of civil procedural law of the Republic of Belarus", authored by Ivan Nikolayevich Kolyadko, PhD in law, Professor of the Civil Process and Labor Law Department of the Belarusian State University. The main part of this work is devoted to the role of Professor M.K. Treushnikov in the development of the school of civil procedural law of the Republic of Belarus, which was largely realized through the interaction of M.K. Treushnikov and V.G. Tikhini.

This section is continued by the work of the Lithuanian colleague Valentinas Michelenas, PhD, professor of the Department of Private Law of Vilnius University on "The Standard of Proof under the Lithuanian and Russian Civil Procedure Law: Comparative Analysis". The author claims, that there must be common standards of cognitive, logical activity, which exist regardless of the legal system, acting in one or another country, because the logic is unified.

This section also presents the work of another colleague from Lithuania - Doctor of Sciences, Professor of the Faculty of Law at Vilnius University Vytautas Nekrošius. His article titled "ius novorum Restrictions in Lithuanian Civil Procedure" deals with a relatively new institution of Lithuanian civil procedure - legislative restrictions on untimely submission of evidence in courts of both first and appellate instance.

Next in this issue is the section "The Future of Civil Procedure", which publishes the work on the upcoming transformations of civilistic process on "The essence of evidence in the context of the use of new digital technologies in civil procedural activity", published by Sergey Afanasyev, doctor of law, professor, head of the department of arbitration process at Saratov State Law Academy. This work reveals the gradual change of theoretical and practical points of view about the essence of judicial evidence: from a simple indication that it should be understood as a fact that convinces the body of justice in the rightness of the party of the legal casus, to the argumentation - evidence is a dialectical trinity of content, form and procedural way of receiving and researching legally significant information.

The traditional section "Judicial authority and practice" opens with the work of Lidia Aleksandrovna Terekhova, Doctor of Law, Professor, Head of the Department of Civil and Arbitration Procedure of F.M. Dostoevsky Omsk State University under the title "Conclusions of knowledgeable persons". The article focuses on the figure of the expert, his consultations and responses to the inquiries of the courts. It is noted that there is no unification of norms on participation of a specialist in the Civil Procedural Code of the Russian Federation and the Arbitration Procedure Code of the Russian Federation. It substantiates the effectiveness of consulting a specialist - this is a faster and less costly way to obtain special knowledge necessary for consideration of a case.

This section also presents a study on "Judicial knowledge and evidence in special cases", prepared by Vsevolod Vladimirovich Argunov, PhD in Law, Associate Professor at the Department of Civil Procedure of the Lomonosov Moscow State University. The article analyzes the general theory of judicial knowledge and proof, its possibilities and implementation when considering and resolving cases of special proceedings in civil, arbitration and administrative proceedings.

In addition, this section includes an article by Sergey Anatolievich Kurochkin, PhD in Law, Associate Professor, Vice-Rector of the Ural Federal University on "The Effectiveness of Evidence in Civil Proceedings: General Theoretical and Methodological Aspects". The author concludes that the study of the effectiveness of proof allows the rational choice of the most effective and economical alternative to build a procedural mechanism of proving.

The issue closes with the traditional section Personalia, which celebrates memorable events and dates, this time it is:
- 180 years since the birth of Dr. Kronid Ivanovich Malyshev;
- 95 years from the birthday of Doctor of Law Vladimir Mikhailovich Semenov;
- 85th Birthday of Doctor of Law Yagfar Faskhetdinovich Farkhtdinov;
- 85th birthday anniversary of Doctor of Law Lyudmila Antonovna Vaneeva;
- 70th anniversary of Doctor of Law Alexander Gennadyevich Lisitsyn-Svetlanov;
- 55th anniversary of Doctor of Law Elena Alexandrovna Borisova.

At the end of the issue the editorial staff of the journal "Herald of Civil Procedure" informs with regret that Ivan Nikolayevich Senyakin, doctor of law, professor of the theory of state and law, editor-in-chief of the journal "Herald of Saratov State Law Academy", Honored Worker of Higher Professional Education of the RF, Honored Lawyer of the RF, Full Member of Russian Academy of Natural Sciences and author of our journal passed away on October 8, 2021 at the 73rd year of life.