scholarly journals Some Issues on Mediation in Resolving Disputes in the Russian Federation

2020 ◽  
Vol 15 (5) ◽  
pp. 135-143
Author(s):  
A. N. Levushkin ◽  
V. V. Vorobev
Keyword(s):  
Dispute Resolution ◽  
Russian Federation ◽  
Critical Analysis ◽  
Knowledge And Skills ◽  
Administrative Procedure ◽  
Research Activities ◽  
Procedure Code ◽  
Procedural Code ◽  
Arbitration Procedure ◽  
The Russian Federation

The introduction of judicial reconciliation procedures in the arbitrazh, civil and administrative procedure can serve as a positive impetus for the development of a civilized and effective out-of-court dispute resolution in the Russian Federation. However, there are a number of provisions that are subject to critical analysis in the relevant norms of the Arbitration Procedure Code of the Russian Federation, Civil Procedural Code of the Russian Federation, Administrative Procedure Code of the Russian Federation, and the Rules for conducting court mediation. Noteworthy are the rules establishing the requirements for candidates for judicial mediators regarding the need for retired judges to conduct research activities, which can hardly be justified. Due to the specificity of the conciliation procedure itself, it is also necessary to consider the issue of judicial mediators having knowledge and skills in the field of mediation. In this paper, the authors analyze some problems of mediation in resolving economic and other disputes in the Russian Federation and abroad, and propose some changes to the procedural legislation.

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.

Judicial Conciliation in the Protection of Consumer Rights during the Reform of the Procedural Legislation of the Russian Federation

2021 ◽  
Vol 4 ◽  
pp. 34-41
Author(s):  
A.N. Levushkin ◽  
◽  
V. V. Vorobyov ◽  
Keyword(s):  
Russian Federation ◽  
Critical Analysis ◽  
Legal Regulation ◽  
Empirical Methods ◽  
Problem Statement ◽  
Judicial Process ◽  
Dialectical Logic ◽  
Research Activities ◽  
Consumer Rights ◽  
The Russian Federation

Problem statement. The introduction of judicial conciliation procedures in the arbitration, civil and administrative process in order to protect the rights of consumers of services can serve as a positive impetus to the development of civilized out-of-court dispute resolution. However, the corresponding norms of APC RF, CPC RF, the CAJ RF and the Regulation of judicial reconciliation includes a number of provisions that are subject to critical analysis. Special attention should be paid to the rules that establish requirements for candidates for judicial conciliators, in terms of the need for retired judges to conduct research activities, which can hardly be considered justified. Purpose and objectives of the study. To identify the essential features of the application of judicial reconciliation in the protection of the rights of consumers of services during the reform of the procedural legislation of the Russian Federation. Objectives of the study: to perform judicial reconciliation in the protection of the rights of consumers of services to identify deficiencies of legal regulation in the field of judicial reconciliation under the protection of the rights of consumers, to formulate separate proposals for reform of the law. Method of research. We used empirical methods of comparison, description, and interpretation; theoretical methods of formal and dialectical logic; and historical-legal and comparative-legal methods. Results, brief conclusions. It is determined that the current Russian legislation in relation to the judicial process now provides for three types of conciliation procedures used to protect the rights of consumers of services: negotiations, mediation and judicial reconciliation. Mediation and judicial reconciliation, although separated by law, are not fundamentally different in nature. Although there are different requirements for mediators in these types of reconciliation, the appropriateness of such a separation is not sufficiently convincing. It is established that the requirements imposed on conciliators in combination with the powers vested in them can negatively affect the results of reconciliation to protect the rights of consumers of services. In this regard, it is proposed to amend the relevant procedural codes and the Rules of judicial reconciliation, which would eliminate the identified contradictions and shortcomings.

scholarly journals Jurisdiction over claims made against public-legal institutions

2020 ◽  
pp. 1-8
Author(s):  
Nikolay Basmanov ◽  
Andrei Vladimirovich Ilin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Practical Importance ◽  
Legal Regulation ◽  
Legal Institutions ◽  
Legal Method ◽  
Procedure Code ◽  
Arbitration Procedure ◽  
The Subject ◽  
The Russian Federation

This article discusses the question of territorial jurisdiction over claims made against public-legal institutions (Russian Federation, constituent entities of the Russian Federation, municipal formations). The subject of this research is the current procedural norms regulating the questions of jurisdiction, and the established law enforcement practice. Attention is turned to the existence of gaps in legal regulation of the question of jurisdiction over claims made against public-legal institutions in the Civil Procedure Code of the Russian Federation and Arbitration Procedure Code of the Russian Federation. The authors analyze the established approaches in law enforcement practice towards solution of the aforementioned problem. Methodological framework includes the comparative-legal method and such formal-logical methods, as analysis, synthesis and induction. The relevance and practical importance are substantiated by the subject of research – the law enforcement practice formed by the Russian judicial authorities over the recent years. The conclusion is made on the need for elimination of the existing gap in the normative-legal regulation by amending the current procedural legislation.

scholarly journals On Requirements to a Claim in a Civil and Arbitration Procedure

2020 ◽  
Vol 12 ◽  
pp. 14-18
Author(s):  
Sergey A. Sapozhnikov ◽  
◽  
Olga N. Barmina ◽  
Keyword(s):  
Russian Federation ◽  
Institutional Reform ◽  
Civil Procedure ◽  
Global Changes ◽  
Procedure Code ◽  
Arbitration Process ◽  
Arbitration Procedure ◽  
The Russian Federation

The article discusses the requirements for the form and content of a statement of claim in civil and arbitration proceedings. The authors’ interest in this issue is due to global changes made to the civil and arbitration process as a result of the institutional reform and came into force in the fall of 2019. For example, the requirements for documents attached to a statement of claim have been clarified in the civil procedure. So, at present, the plaintiff, when applying to the court of general jurisdiction according to the rules of civil procedure, must submit a delivery receipt or other documents confirming the sending to other persons involved in the case, copies of the statement of claim and the documents attached to it. Such rules have long existed in the arbitration process. Along with that, as follows from part 3 of Article 114 of the Civil Procedure Code of the Russian Federation, at the same time as the court summons or other judicial notice addressed to the defendant, the judge sends a copy of the statement of claim. Thus, the existence of this rule preserves to the obligation of the court to send a copy of the statement of claim to the persons involved in the case, as, it this was before the introduction of global amendments. In this regard, in order to uniformly and accurately apply the rules of the process, the authors propose clarifying the norms of the Civil Procedure Code of the Russian Federation in this part. Also in the work, the authors raised the problems of unification of the process, proposed some approaches to improve procedural legislation.

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