On Shortcomings of Article 199 of the Civil Procedure Code of the Russian Federation (Federal Law No 20-Fz of March 4, 2013)

2017 ◽  
Keyword(s):  
Russian Federation ◽  
Civil Procedure ◽  
Federal Law ◽  
Procedure Code ◽  
The Russian Federation

JUDICIAL REFORM OF THE LATE 20TH – EARLY 21ST CENTURIES IN RUSSIA

2021 ◽  
Vol 11 (5) ◽  
pp. 191-221
Author(s):  
V.M. ZHUIKOV
Keyword(s):  
Russian Federation ◽  
Major Change ◽  
Civil Procedure ◽  
Judicial System ◽  
Judicial Reform ◽  
Federal Law ◽  
Current Trends ◽  
Procedure Code ◽  
The Russian Federation ◽  
Civil Cases

The author analyzes the reform of the Russian legislation regulating the activity of courts for consideration of civil cases, the reform, which began in the 1990s and continues to this day. Highlights the main stages of the reform related to the adoption of the Constitution of the Russian Federation 1993, changes in the judicial system, with the adoption of the Commercial Procedure Code of the Russian Federation in 1992, 1995, 2002, with a major change of Civil Procedure Code of the RSFSR 1964 and the entry into force of the current Civil Procedure Code of the Russian Federation, 2002. In addition, the author calls the current trends in the development of procedural legislation, including reforms made by Federal Law of 28 November 2018 No. 451-FZ.

ON THE NATURE OF RELATIONSHIPS FOR RECONCILIATION AND THE DESIRABILITY OF THEIR REGULATION IN CIVIL PROCEDURAL CODES

2021 ◽  
Vol 11 (3) ◽  
pp. 109-131
Author(s):  
S.S. KAZIKHANOVA
Keyword(s):  
Russian Federation ◽  
Civil Procedure ◽  
Federal Law ◽  
Procedural Law ◽  
Procedure Code ◽  
Arbitration Procedure ◽  
The Subject ◽  
The Russian Federation ◽  
Administrative Code ◽  
The Relationship

The article analyzes the changes made to the Civil Procedure Code of the Russian Federation, the Arbitration Procedure Code of the Russian Federation and the Administrative Code of the Russian Federation by the Federal Law of 26 July 2019 No. 197-FZ, related to the regulation of conciliation procedures. The question is raised as to whether the civil procedural codes should regulate relations on reconciliation and to what extent. Agreement is expressed with those authors who believe that, by their nature, the relations that develop in conciliation procedures between its participants (including in cases where the conciliation procedure is directed by a judge) are not procedural and are not part of the subject of civil procedural law. The non-procedural nature of the relationship between the judicial conciliator and the court in the procedure of judicial conciliation under the Civil Procedure Code of the Russian Federation, the Arbitration Procedure Code of the Russian Federation and the Administrative code of the Russian Federation is substantiated. It is concluded that due to the qualitatively different nature of reconciliation relations from civil procedural relations, as well as their lack of connection with the resolution of a civil case in a certain system of guarantees (civil procedural form), there is no place for articles on individual conciliation procedures among procedural norms. In this regard, it is proposed to either exclude them, or, as an option, transfer them to the appendix to the Civil Procedure Code of the Russian Federation, the Arbitration Procedure Code of the Russian Federation, the Administrative code of the Russian Federation (just as in the Civil Procedure Code of 1964 there was an appendix, in particular, about the arbitration court).

Institute of attorneys in civil procedure legislation: facilitating optimization of litigation or unreasonable duplication of functions?

2020 ◽  
Vol 2020 (1) ◽  
pp. 86-90
Author(s):  
Ol'ga Yakovleva ◽  
Sergey Zhelonkin
Keyword(s):  
Short Story ◽  
Russian Federation ◽  
Legal Status ◽  
Civil Procedure ◽  
Federal Law ◽  
Advantages And Disadvantages ◽  
Procedure Code ◽  
Civil Proceedings ◽  
Arbitration Procedure ◽  
The Russian Federation

Introduction. In the presented work, the authors investigated the main aspects of the reform of the procedural legislation initiated by the Supreme Court of the Russian Federation regarding the introduction of a new participant in the trial - the attorney. Purpose. The aim of the work is to identify the features of the legal status of such a participant in civil proceedings as an attorney within the framework of the institution of representation. Methodology. The work was performed on the basis of special methods of cognition, including historical and legal, logical, formally legal. Results. Based on the analysis of the results of the consideration of the draft Federal Law No. 383208-7 «On Amendments to the Civil Procedure Code of the Russian Federation, the Arbitration Procedure Code of the Russian Federation, the Code of Administrative Procedure of the Russian Federation and certain legislative acts of the Russian Federation», the appropriateness of the initiative to introduce a new member into civil proceedings is assessed - attorney. The relationship of this short story with the proposed increase in the requirements for the representative’s professionalism was analyzed, and its main advantages and disadvantages were highlighted. It is concluded that the benefit of introducing such a participant in the civil process as an attorney is more theoretical than practical, since this is due to the fact that the actions that the considered procedural figure (attorney) is authorized to perform can be performed by an ordinary representative without extra costs. At its core, an attorney is a kind of assistant to the representative, not able to independently participate in the trial and is dependent on both the principal and the representative. Conclusion. The material contained in the work is of interest for further scientific research on the problematic issues of the institution of representation in civil proceedings. Some conclusions can be used during lectures and seminars on the subject of civil procedure law.

scholarly journals NOVELTIES OF THE CIVIL PROCEDURE CODE OF THE RUSSIAN FEDERATION AND THE ARBITRATION PROCEDURAL CODE OF THE RUSSIAN FEDERATION CONCERNING REFUSAL OF JURISDICTION

2020 ◽  
Vol 6 (3) ◽  
pp. 40-45
Author(s):  
M. A. Agalarova
Keyword(s):  
Russian Federation ◽  
Civil Procedure ◽  
Federal Law ◽  
International Jurisdiction ◽  
Procedure Code ◽  
Procedural Code ◽  
The Russian Federation ◽  
Civil Cases ◽  
Legal Meaning

In this article, the author touches upon the recent changes made by the Federal Law dated 28.11.2018 № 451-FZ On amendments to certain legislative acts of the Russian Federation related to the rejection of the term jurisdiction. The reasons for such changes, as well as positive and negative features of the replacement of jurisdiction by competence are investigated. The author analyzes the legal meaning of each concept jurisdiction and competence. The problem of impact of such changes on the international jurisdiction, which arises in the course of consideration and resolution of civil cases involving foreign persons in civil and arbitration processes, is noted.

Commentary to the Civil Procedure Code of the Russian Federation (continuation)

2017 ◽  
Vol 7 (2) ◽  
pp. 73-111
Author(s):  
M.R. Zagidullin ◽  
◽  
I.V. IReshetnikova ◽  
R.B. Sitdikov ◽  
◽  
...  
Keyword(s):  
Russian Federation ◽  
Civil Procedure ◽  
Procedure Code ◽  
The Russian Federation

SECURING EVIDENCE IN CIVIL PROCEDURE: DEVELOPMENT OF THEORY, LEGISLATIVE AND PRACTICE

2021 ◽  
Vol 11 (5) ◽  
pp. 159-190
Author(s):  
E.I. NOSYREVA ◽  
D.G. FILCHENKO
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Civil Procedure ◽  
Point Of View ◽  
Theoretical Concepts ◽  
Civil Process ◽  
Procedure Code ◽  
Arbitration Procedure ◽  
The Russian Federation ◽  
Assessment Of Evidence

The article presents an analysis of the institution of securing evidence in the civil process from the point of view of the development of its legal regulation, doctrine and practice. The teaching of professor M.K. Treushnikov on the evidence is taken as a basis. Through the prism of his ideas, theoretical concepts of securing evidence are revealed, from prerevolutionary works to modern research; the sequence of the formation of norms on the securing evidence on the example of procedural codes of various periods; trends in the law practice of securing evidence. The correlation of the securing evidence with the elements of the judicial proof is revealed. It is substantiated that the securing evidence includes such elements of the structure of judicial proof as: indication of facts, indication of evidence and preliminary assessment. The end result of the procedural action to secure evidence is the possibility of implementing all subsequent elements – presentation, disclosure, investigation and final assessment of evidence. Conclusions are formulated on the results of the development of the institution of securing evidence, which from rather brief and obvious provisions of procedural legislation, a few practice has turned into an actual procedural activity. Its demand is predicted to grow in the context of digitalization of information, as well as due to the possibility of using it in the framework of arbitration. At the same time, an increase in the number of cases of unfounded appeal of interested parties to actions to secure evidence is noted. The authors support a critical assessment of the rule of the Arbitration Procedure Code of the Russian Federation that the securing evidence is carried out by the arbitration court according to the rules for securing a claim, and a proposal for a unified regulation of this institution in accordance with the rules of the Civil Procedure Code of the Russian Federation.

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