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CIVIL JUDICIAL PROCEDURES AND COMBATING VIOLATIONS OF FINANCIAL DISCIPLINE (ON PARTICIPATION OF BODIES OF THE FEDERAL SERVICE FOR FINANCIAL MONITORING IN CIVIL AND ARBITRATION PROCEDURE)

CIVIL JUDICIAL PROCEDURES AND COMBATING VIOLATIONS

OF FINANCIAL DISCIPLINE (ON PARTICIPATION OF BODIES

OF THE FEDERAL SERVICE FOR FINANCIAL MONITORING

IN CIVIL AND ARBITRATION PROCEDURE)

A.V. YUDIN,

Doctor of Legal Sciences,

Professor of the Department of Civil Procedure and Business Law

of the Samara National Research University

DOI: 10.24031/2226-0781-2018-8-6-260-279

There has been a widespread trend as the initiation of civil or arbitration proceedings by

interested parties solely for the purpose of giving visibility to the legality of the possession

of funds or their recovery in the judicial practice of recent years. To prevent such cases, the

courts have begun to involve in bodies of the Federal Service for Financial Monitoring. This

creates a certain layer of problems, the main of which is the determination of the procedural

status of such a body. The author shows the fallacy of participation of financial control bodies

as third parties without independent claims. Alternative forms of participation of such

body and special means of reaction of court to the facts of violation of financial discipline

are offered. The mere possibility of using the process as a means of giving visibility to the

legality of financial transactions gives rise to a negative attitude, but this is complicated

by the external staging of the dispute, which is a serious problem for the court (given the

limited procedural means available to it and taking into account the consolidated position

of the parties). The bodies of the Federal Service for Financial Monitoring appear here as

some external factors, as instance, designed to complete belonging to the court’s authority.

The article assesses the legitimacy of involvement in the dispute of the authority for the

purpose of preventing violations of financial discipline by the parties to the process.

Keywords: private definition; civil procedure; arbitration procedure; third persons without

independent claims; bodies of the Federal service for financial monitoring; fictitious process;

imaginary process; re-enactment proceedings.

References

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Textbook]. Moscow, 2003. (In Russian)

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protsesse [Material Signs of the Concept of Judicial Recognition in Civil Proceedings].

Zhurnal Ministerstva yustitsii = Journal of the Ministry of Justice, 1915, no. 3.

(In Russian)

Yarkov V.V. Yuridicheskie fakty v tsivilisticheskom protsesse [Legal Facts in Civil Procedure].

Moscow, 2012. (In Russian)

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Problem of Proof in Soviet Civil Procedure]. In Izbrannoe. Sovetskij notariat. Problema

dokazyvaniya v sovetskom grazhdanskom protsesse [Selected: Soviet Notaries. The Problem

of Evidence in Soviet Civil Procedure]. Moscow, 2005. (In Russian)

Yudin A.V. Instsenirovka protsessual’nykh dejstvij v grazhdanskom sudoproizvodstve

[Dramatization of Proceedings in Civil Proceedings]. Rossijskaya yustitsiya = Russian

Justice, 2007, no. 10. (In Russian)

Information about the author

Yudin A.V. (Samara, Russia) – Doctor of Legal Sciences, Professor of the Department

of Civil Procedure and Business Law of the Samara National Research University

(443011, Samara, Academic Pavlov St., 1, Bldg. 24, Room 212; e-mail: udin77@

mail.ru).

Recommended citation

Yudin A.V. Grazhdanskoe sudoproizvodstvo i protivodejstvie narusheniyam finansovoj

distsipliny (k voprosu ob uchastii organov Rosfinmonitoringa v grazhdanskom i arbitrazhnom

protsesse) [Civil Judicial Procedures and Combating Violations of Financial

Discipline (on Participation of Bodies of the Federal Service for Financial Monitoring

in Civil and Arbitration Procedure)]. Вестник гражданского процесса = Herald of

Civil Procedure, 2018, no. 6, p. 260–279. (In Russian) DOI: 10.24031/2226-0781-2018-

8-6-260-279

A.V. YUDIN