Herald of Civil Procedure
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PROBLEMS OF CIVIL PROCEDURE

THE EXECUTIVE ACTION TAKEN BY THE JUDICIAL BAILIFF-EXECUTOR OUTSIDE OF ENFORCEMENT PROCEEDINGS
I.V. SELIONOV
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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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CATEGORIES “CONTENT” AND “FORM” IN ARBITRATION AND CIVIL PROCEDURAL LAW
V.M. SHERSTYUK
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CIVIL PROCEDURE ON COMMENT

ON THE RELATIONSHIP BETWEEN ADMINISTRATIVE JUDICIAL PROCEDURE AND ADMINISTRATIVE PROCEDURE
R.O. OPALEV
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HISTORY OF THE CIVIL PROCEDURE

ROMAN LAW AS THE BASIS OF LEGAL KNOWLEDGE ABOUT APPEAL IN CIVIL CASES
E.A. BORISOVA
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FOREIGN CIVIL PROCEDURE

LAWYER AS A SUBJECT OF PROFESSIONAL LEGAL AID IN CIVIL PROCEDURE OF UKRAINE
M.V. SHPAK
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JUDICIAL AUTHORITY AND PRACTICE

MATERIAL AND PROCEDURAL ASPECTS OF PROTECTING THE RIGHTS OF PARTICIPANTS IN TRANSPORT OBLIGATIONS
E.M. TUZHILOVA-ORDANSKAYA, A.R. MURATOVA
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SHORTHAND REPORT OF THE VII ANNUAL SYMPOSIUM OF THE JOURNAL “HERALD OF CIVIL PROCEDURE” “2020 – MODERN CODIFICATION OF CIVIL PROCEDURAL LEGISLATION: INFLUENCE ON THE LEGAL SYSTEM, LEGAL SCIENCE AND THE FORMATION OF A COMFORTABLE JURISDICTION”
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THE HUMAN RIGHTS FUNCTION OF THE JUDICIARY IN ADMINISTRATIVE PROCEEDINGS: INSTITUTIONAL AND FUNCTIONAL ASPECTS
V.V. MOVCHAN
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NEW APPROACH TO THE DISTRIBUTION OF COURT COSTS IN CASES OF CHALLENGING THE RESULTS OF DETERMINING THE CADASTRAL VALUE
D.G. FILCHENKO, I.G. FILCHENKO
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PERSONALIA

MIKHAIL KONSTANTINOVICH TREUSHNIKOV (05.11.1938 – 07.04.2021) – OBITUARY
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65 YEARS ANNIVERSARY OF PROFESSOR SERGEI VASILYEVICH NIKITIN
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CRITICS AND REVIEW

THE FUTURE OF CIVIL PROCEDURE

CONCLUSION OF A SETTLEMENT AGREEMENT IN GROUP PROCEEDINGS
V.O. VATAMANYUK
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Present to you the second issue of the "Herald of Civil Procedure" in 2021

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

The issue of the journal is opened by the work of the Doctor of Law, Professor of the Department of Civil Procedure Law of the Law Faculty of the Moscow State University. M.V. Lomonosov V.M. Sherstyuk on the topic "Categories" content "and" form "in arbitration and civil procedural law. In this article, the author examines the interaction of the content and form of institutions of arbitration procedural and civil procedural law. The result of the study was the conclusion that in the branch of law there are formations that do not correspond in their content to the form of an institution, which should force the legislator to improve procedural legislation by enriching the content of the structural unit.

The issue is continued by the article of Doctor of Law, Professor of the Ural State Law University D.B. Abushenko under the title "Civil law offset and offset, made upon satisfaction of counterclaims and initial claims by the court: theoretical reflections on the similarities and differences of legal institutions", which is a continuation of the study published on pages No. 6 of the journal in 2020. the distinction between civil and legal credit and credit the volume produced when the court satisfies the counter and initial claims. As a criterion, recognition was taken as an act of will, proceeding, respectively, from the compensation (the person to whom the offset application is addressed) and the counterclaim respondent.

In addition, the section "Problems of Civil Procedure" presents the work of a colleague from Moscow I.V. Selionova. The article on the topic "Enforcement action performed by the bailiff-executor outside the enforcement proceedings" conducts a study of the enforcement action performed by the bailiff-executor in accordance with paragraph 16 of Part 1 of Art. 64 Laws
on enforcement proceedings, - checking the correctness of withholding and transferring funds under enforcement documents.

The current issue of the journal is continued with the section "Civil Procedure in the Comments", which includes a work entitled "On the Question of the Relationship between Administrative Procedure and Administrative Procedures", published by the Candidate of Law, Associate Professor of the Department of Civil and Administrative Procedure of the Russian State University of Justice R.O. Opaleva. Based on the results of the study, the author concludes that the optimal coordination of legal regulation of administrative proceedings and legal regulation of administrative procedures should ensure the most effective protection of the rights of citizens and organizations arising from public legal relations. The new legal regulation should not be aimed at restricting procedural rights (for example, by introducing a mandatory pre-trial procedure for resolving disputes in all categories of administrative cases).

The section "History of Civil Procedure" presents the work of the Doctor of Law, Professor of the Department of Civil Procedure of the Moscow State University. M.V. Lomonosova E.A. Borisova, entitled "Roman law - the basis of legal knowledge on appeal in civil cases." In this article, the appeal is considered as a guarantee of the exercise of the right to judicial protection. It is alleged that it appeared and took shape in the Roman civil procedure. Thanks to the reception of Roman law, the achievements in the field of appeal were assimilated by the European legal order, which made it possible to create a unified basis for the legalization of the right to appeal a court decision and proceedings in the court of appeal.

In the traditional section "Foreign civil procedure" there is an article on the topic "A lawyer as a subject of providing professional legal assistance in the civil procedure of Ukraine", prepared by the candidate of legal sciences, assistant of the department of civil procedure of the National Law University. Yaroslav the Wise M.V. Spak. The author argues that the abolition of the so-called legal monopoly will have a positive effect on the development of free legal aid in Ukraine. Also in the study, the author's proposals are made to consolidate new provisions in the content of the Civil Procedure Code of Ukraine, which will regulate in more detail the issue of participation of representatives in civil proceedings.

The next section in this issue of the journal is the section "The Future of Civil Procedure", in which the work of V.O. Vatamanyuk, postgraduate student of the Department of Civil and Administrative Proceedings, Moscow State Law University. O.E. Kutafina (Moscow State Law Academy). In an article on the topic "Conclusion of an amicable agreement in group proceedings," the author analyzes the procedural procedure for concluding an amicable agreement in group proceedings. The study shows the procedural features of concluding an amicable agreement when considering disputes with the participation of a large group of persons. Particular attention is paid to the study of the legal nature of the application to join the group's claim.

The traditional section "Judicial Authority and Practice" opens with the work of colleagues from Ufa, Doctor of Law, Professor, Head of the Department of Civil Law of the Institute of Law of the Bashkir State University E.M. Tuzhilova-Ordanskaya and Candidate of Legal Sciences, Associate Professor of the Department of Civil Law of the Institute of Law of the Bashkir State University A.R. Muratova entitled "Material and procedural aspects of protecting the rights of participants in transport obligations." The authors state that the specificity of transport obligations predetermines the peculiarities of protecting the rights of their participants, where the main role is assigned to the non-jurisdictional form of protection. The authors pay special attention to the claim procedure for resolving disputes, supporting the position that this procedure is inter-sectoral in nature.

In the same section, the work of colleagues from the city of Voronezh D.G. Filchenko and I.G. Filchenko, as well as research by V.V. Movchan.

This section is crowned with a transcript of the VII Annual Symposium of the Herald of Civil Procedure, held in the fall of 2020, "2020 - Modern codification of civil procedural legislation: impact on the legal system, legal science and the formation of a comfortable jurisdiction."

The issue ends with the traditional section Personalia, in which memorable events and dates are celebrated, this time the 65th anniversary of Professor S.V. Nikitin.

At the end of the issue, the editors of the journal "Herald of Civil Procedure" sadly informs that the Doctor of Law, Professor, Honored Scientist of the Russian Federation, Head of the Department of Civil Procedure of the Faculty of Law of the Moscow State University. M.V. Lomonosov M.K. Treushnikov. An obituary prepared by E.A. Borisova together with the editors of the journal.