scholarly journals Symposium of the journal "Herald of Civil Procedure": History, Current State and Development Prospects

Lex Russica ◽  
2019 ◽  
pp. 179-188
Author(s):  
D. Kh. Valeev ◽  
N. N. Makolkin
Keyword(s):  
Information Technologies ◽  
Large Scale ◽  
Civil Procedure ◽  
Law Schools ◽  
Civil Process ◽  
Current State ◽  
Fourth Symposium ◽  
Civil Proceedings ◽  
Substantive Law ◽  
Regional Problems

The journal «Herald of Civil Procedure» annually gathers outstanding scholars and practitioners in the field of civil procedure in Kazan. Within the 5 years, the Symposium of the journal has become a real tradition, gained annual participants, friends and listeners, as well as created a platform for large-scale discussion at the highest level. The first and each subsequent symposia are very similar to each other, but every year there is something new, a kind of highlight, giving the event a uniqueness and impetus to move forward, develop, and improve the level.The first Symposium was held in the Spring of 2014, its theme was designated as «The Evolution of the civil process: issues of comparative law and national law». The second Symposium, held in 2015, was devoted to the reform of the civil process and its current state. The 2016 Symposium, the third in a row, was named «Kazan arbitration day: development of the rule of law and regional problems». The fourth Symposium of the journal «Herald of Civil Procedure» was named the «Electronic justice and information technologies in civil proceedings» and was held on September 29, 2017.In 2018 the V Annual Symposium of the journal was devoted not only to civil procedure, but also to some aspects of substantive law, as it was devoted to the issues of evidentiary law, which made it possible to invite academics and legal practitioners, as well as experts in the field of evidence and establishment of evidence to participate in the event. A striking contribution to the Symposium was the participation of academics-representatives of various law schools of Russia, practicing lawyers, representatives of the judicial community, as well as academics of Kazan University.

scholarly journals Protective function of labour law and amendments to the code of civil procedure

2021 ◽  
Vol 124 ◽  
pp. 35-46
Author(s):  
Anna Boguska ◽  
Łukasz Pisarczyk
Keyword(s):  
Civil Procedure ◽  
Employment Relationship ◽  
Labour Law ◽  
Protective Function ◽  
Procedural Law ◽  
Civil Proceedings ◽  
New Institutions ◽  
Polish Code ◽  
Substantive Law

The purpose of this article is to present the safeguard role of the labour law in the context of labour law disputes. Authors deliberate to what extent the procedural law impacts the substantive law. Particular attention was paid to new institutions of the Polish code of civil proceedings introduced by the law of 4 July 2019 and their influence on the procedural position of the parties of the employment relationship.

scholarly journals Procedure: History, Current State and Perspectives

2020 ◽  
Vol 7 (3) ◽  
pp. 166-168
Author(s):  
D. Valeev ◽  
N. Makolkin
Keyword(s):  
Large Scale ◽  
Civil Law ◽  
Civil Procedure ◽  
Volga Region ◽  
Brand Name ◽  
Annual Symposium ◽  
Unique Character ◽  
Current State ◽  
Law Faculty

This article is devoted to the results of the VI annual Symposium of the journal “Herald of Civil Procedure” held on 27 and 28 September 2019 on the premises of the Faculty of Law of the Kazan (Volga Region) Federal University (KFU). The Symposium took place with the participation of the editorial board of the journal “Civil Law Review” and was titled “2019 – Civil Law and Procedure: History, Current State and Perspectives (Coinciding with the Bicentennial of D.I. Meyer).” The editorial board of the journal “Herald of Civil Procedure” annually invites outstanding legal scholars and practitioners in the field of civil procedure to Kazan to attend the Symposium of the journal “Herald of Civil Procedure”. In only six years, the Symposium has become not only an annual tradition, but also a brand name. The Symposium is an anchor event not only of the Law Faculty of the KFU, but also of the entire Kazan Federal University, which each year cordially welcomes leading civil procedure scholars. In addition, the Symposium hosts participants, friends and interested listeners, and has created a platform for large-scale discussions at the highest level The first and each subsequent Symposium are consistent in scope and organization. Yet, each year something new appears, some highlight that gives the event a unique character and momentum for moving forward, developing, improving and raising the level of engagement.

Foreign experience in prosecutor's participation institution development in Kazakhstan civil procedure

2021 ◽  
pp. 1023263X2110553
Author(s):  
Adil Ye Alibekov
Keyword(s):  
Legal Status ◽  
System Analysis ◽  
Civil Procedure ◽  
Practical Significance ◽  
Scientific Methods ◽  
Foreign Experience ◽  
Civil Process ◽  
Civil Proceedings ◽  
Analysis And Synthesis ◽  
General Scientific

The question of the purpose and functions of the participation of the prosecutor in the civil process is relevant, since the idea of them helps to increase the efficiency of his activities. This article is devoted to a comprehensive study of the possibility of applying foreign experience in the prosecutor's participation in institution development in Kazakhstan civil procedure. The article used both general scientific methods of cognition – logical, analysis, and synthesis – and private scientific methods – formal legal, system analysis. It analysed the various points of view on the issue of the legal status and functions of the participation of the prosecutor in the civil process. The scientific novelty is determined by the fact that functions describe the procedural status of the subjects of civil procedure, allowing the streamlining of the multilateral procedural activities of state bodies, officials and other persons involved in civil proceedings. The practical significance of the study is determined by the fact that its results can be used for in-depth research of the functions of the prosecutor in civil proceedings.

Transformation of Fundamental Origins of Civil Procedure Law in Terms of Digitization of Justice in Civil Cases

2020 ◽  
Vol 10 ◽  
pp. 42-45
Author(s):  
Yulia A. Lukonina ◽  
Keyword(s):  
Technical Progress ◽  
Judicial Independence ◽  
Legal Regulation ◽  
Civil Procedure ◽  
Point Of View ◽  
Judicial System ◽  
Civil Process ◽  
Procedural Law ◽  
Civil Proceedings ◽  
The Subject

The article reveals the main trends in the modernization of the civil procedural law principles in the context of the civil process digitalization. From the point of view of introducing the latest digital innovations into the civil process, the guidelines of the branch of the law are analyzed, the conclusions are drawn about the transformation of the legal regulation key areas. It is raised the problem of the procedural and legal collisions between the introduction of technical progress tools into the judicial system, its reflection in the regulatory framework of the state and the application in the legal work of judicial structures and practicing procedural specialists. Taking as a basis the differentiation of the civil procedural law principles by the subject of regulation, the author examines various legal configurations that have appeared in the judicial system as a result of the digitalization of procedural relations of participants in civil proceedings, starting depending on the degree of impact of digitalization. The article highlights the main aspects of the implementation of the principle of the publicity of proceedings, the corresponding principles of openness, publicity, accessibility, transparency and judicial transparency, between which a parallel is drawn. In terms of digitalization the author touches upon the principles of the judicial independence, competition, equality of parties and discretion, thereby coming to the conclusion about digital modernization of the main provisions and ideas that express the essence of civil procedural law, while maintaining the traditional positions characteristic of the Russian judicial system.

Prospects of the using of IT technologies in accounting and internal audit in agricultural companies

2021 ◽  
pp. 50-59
Author(s):  
Natalia Nikolaevna Balashova ◽  
Spartak Ashotovich Vardanyan ◽  
Konstantin Akakievich Dzhikiya
Keyword(s):  
Russian Federation ◽  
Information Technologies ◽  
Large Scale ◽  
Internal Audit ◽  
Current State ◽  
The Russian Federation ◽  
Digital Agriculture ◽  
Agricultural Organizations ◽  
Modern Technologies

The paper discusses about the issues of the current state of the using of modern IT technologies in agriculture, about the prospects of the using of information technologies in accounting and internal audit. An objectives of the project «Digital Agriculture» of The Ministry of Agriculture of the Russian Federation was considered. The main advantages for accounting and internal audit by the implementation of IT technologies are briefly presented, a possible obstacles to the large-scale implementation of modern technologies in agricultural organizations are analyzed.

scholarly journals Peculiarities of Representation in Civil Proceedings

2019 ◽  
Vol 85 (2) ◽  
pp. 44-55
Author(s):  
K. R. Rezvorovych
Keyword(s):  
System Analysis ◽  
Civil Procedure ◽  
Practical Significance ◽  
Systematic Analysis ◽  
Legal Personality ◽  
Civil Process ◽  
Procedure Code ◽  
Civil Proceedings ◽  
The Subject

The thesis was devoted to the research of the peculiarities of representation in the civil process. The main objective of this thesis is the determination of the peculiarities of legal adjusting for the representation in the civil process. Methodological basis of the thesis consisted of such methods as: formal-logical, system analysis, dialectical and hermeneutical. The relevance of this thesis is evidenced in particular by there that was disclosed such facts as: the content of the institute of representation in civil law and civil process doctrine; the circle of persons who can be representatives in civil procedure. It was made a systematic analysis of the provisions of the Civil Procedure Code (CPC) of Ukraine on the subject of the implementation of the representation of individuals in civil proceedings. There were investigated the problems of restricting the circle of persons who can be representatives in civil proceedings. The analysis of standing and its confirmation by various persons who can carry out representation in civil proceedings was done. According to the results of the research, it was established that modern CPC of Ukraine does not determine the essence of relations between representatives and persons whose interests they realize. The mainstreaming and law-governing influence is mainly related to the legal personality of the representatives, their procedural status. It was also determined the range of duties and rights of representatives within the civil legal process. In addition, it was proved that the modern CPC of Ukraine is being introduced in the state, in fact, a monopoly on the representation of the parties by a lawyer in the courts, in the civil process, but leaves the possibility of realizing the relations of representation between an individual and another person who does not have the lawyer status, who ruled only in, such cold as, minor affairs. Thus, the practical significance of the conclusions reached was aimed primarily at the theoretical and methodological plane to continue the reform of the institution of representation in the civil process, as well as in the practical activities of representatives in the context of expanding the opportunities for individuals to exercise their procedure’s rights.

scholarly journals Statute of civil proceedings of 1864: history of adoption, main provisions and its impact on the Ukrainian provinces

2020 ◽  
Vol 4 (4) ◽  
pp. 95-100
Author(s):  
Oleksandra Nestertsova-Sobakar
Keyword(s):  
Civil Procedure ◽  
Radical Reform ◽  
Civil Process ◽  
French Experience ◽  
Civil Proceedings ◽  
Four Books ◽  
History Of ◽  
The Russian Empire ◽  
First Time ◽  
Competitive Nature

The article deals with the main factors that caused the authorities to take the steps of fundamental changes in the civil procedural legislation of the Russian Empire. It has been pointed out that in the 1840s, Nicolas I paid attention to the problems, and in 1848 issued a resolution demanding the creation of a special institution for drafting amendments to the legislation. The study highlights the process of drafting and preparing project of the law. It is noted that the French experience (Code of 1806), as well as the achievements of Austria and Prussia in the field of civil process, were used in the drafting of the Statute, which at that time scientists critically and analytically worked on foreign regulations. It is stated that the authorities rejected the idea of changing the existing system of civil procedural legislation and decided to implement a radical reform. It is said that the experts identified and grouped the major shortcomings that led to the unsatisfactory state of civil proceedings (25 points in total), and highlighted the main progressive and necessary provisions that were included in the new Civil Procedure Statute (competitive nature of the process, publicity streamlining the effective vertical of the courts, introducing the concept of a jury). Due to the reform of 1864, civil justice was separated from criminal justice. The structure of the Statute of Civil Procedure (general provisions, four books, totaling 1460 articles) is also covered. The article deals with the differences in the implementation of the Charter (simultaneous or phased implementation). The question of the extension of the force of law in the territory of the Ukrainian provinces is raised (in 1868 the Charter came into force in Kharkiv for the first time in Ukrainian lands and later in the South and Right-Bank Ukraine).

Towarzystwo sporu – przypadek współuczestnictwa specjalnego w sprawie o uzgodnienie treści księgi wieczystej z rzeczywistym stanem prawnym

2018 ◽  
Vol 75 ◽  
pp. 69-92
Author(s):  
Jacek Gudowski
Keyword(s):  
Legal Status ◽  
Civil Procedure ◽  
Civil Process ◽  
Civil Proceedings ◽  
Special Case ◽  
Synthetic Form

The author presents in a synthetic form the development of institutions of procedural joint participation, starting from the Roman civil process, with particular reference to the regulations contained in the code of civil procedure of 1930 and 1964. He focuses on the contemporary model of joint participation, discussing its types and manifestations. He proves that in addition to the types of participation regulated in the Code of Civil Procedure, there is also a place in the Polish civil proceedings for its other manifestations, including joint special unnamed joint participation, resulting from the „nature of things” or from the essence of a procedural claim submitted for judgment. He points out that a special case of special procedural joint participation appears in the case for reconciliation of the contents of the land and mortgage register with the actual legal status.

scholarly journals The institute of counter-security as a novelty of the reform of civil procedure law of Ukraine

2020 ◽  
Vol 9 (26) ◽  
pp. 28-35
Author(s):  
Roksolana Khanyk-Pospolitak ◽  
Inna Kovalchuk ◽  
Igor Bylytsia
Keyword(s):  
Civil Procedure ◽  
Civil Process ◽  
Procedural Law ◽  
Civil Proceedings ◽  
Administration Of Justice ◽  
European Standards ◽  
Procedural Rights ◽  
Made In

The article is dedicated to investigation of counter-security as a novelty of the reform of Ukrainian civil procedure legislation. The analysis of rules of the current procedural legislation on counter-security as a novelty of the civil process in Ukraine was made in the article. The determination of features of the institute of counter-security in the mechanism of civil proceedings was given. The role of counter-security in the civil process was identified. The conclusion was drawn that through the institute of counter-security, the principle of equality of parties is ensured, which is manifested in the equal assignment of the defendant to such procedural rights which are effectively identical to the rights of the plaintiff. Therefore, the defendant was granted effective protection against the claim by virtue of the new institute. It is stated that the counter-security should be seen as a way of preventing the plaintiff's abuse of procedural rights and offsetting the potential consequences. The introduction of counter-security is a clear step forward to European standards of quality and efficiency in the administration of justice, however, by examining civil procedural law and jurisprudence, the conclusion was made that the institution is not regulated at this stage of its establishment and application.

Sign in / Sign up

Export Citation Format

Share Document