scholarly journals Reformation of Summary Proceedings: Aims and Results

2020 ◽  
Vol 11 ◽  
pp. 29-31
Author(s):  
Ekaterina A. Tsaregorodtseva ◽  
Keyword(s):  
Federal Law ◽  
Civil Proceedings ◽  
Procedural Reform

The article analyzes the changes made by Federal law No. 451-FZ of November 23, 2018 to the procedure for consideration of cases in simplified proceedings in civil proceedings. It is noted that the main goal of the procedural reform was to continue the development of civil procedural legislation in order to unify it.

scholarly journals Results of the Procedural Reform of the Corporate Dispute Resolution Procedure

2020 ◽  
Vol 11 ◽  
pp. 49-51
Author(s):  
Evgeniy S. Razdyakonov ◽  
◽  
Igor N. Tarasov ◽  
Keyword(s):  
Dispute Resolution ◽  
Civil Procedure ◽  
Procedure Code ◽  
Civil Proceedings ◽  
General Part ◽  
Procedural Reform

The article examines some of the results of the procedural reform in terms of the resolution of corporate disputes by courts. The authors formulated four main theses that reflect the essence of this reform: the division of competence in corporate disputes between courts of general jurisdiction and arbitration courts, the expansion of the arbitrability of corporate disputes, the implementation of the principle of one-time consideration of a corporate dispute, the consolidation of new subjects of civil proceedings in corporate disputes not named in the general part of the Commercial Procedure Code of the RF and the Code of Civil Procedure of the RF.

scholarly journals Conciliation procedures in Russia: novelties of procedural reform

2019 ◽  
Vol 2019 (3) ◽  
pp. 10-19
Author(s):  
Ксения Горшкова ◽  
Ksenia Gorshkova ◽  
Сергей Желонкин ◽  
Sergey Zhelonkin
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
Practical Training ◽  
Federal Law ◽  
State Construction ◽  
Wide Resonance ◽  
The Russian Federation ◽  
Procedural Reform ◽  
Judicial Procedure

Introduction. In the present work, the authors investigated the main aspects of the reform of procedural legislation initiated by the Supreme Court of the Russian Federation concerning changes in the legal regulation of the use of conciliation procedures in resolving legal conflicts. Until recently, Russian legislation did not have a regulated list of conciliation procedures. Purpose. The aim of the work is to identify the features and place of conciliation procedures in the institute of alternative ways to resolve legal conflict. Methodology. The work was performed on the basis of special methods of knowledge, including historical, legal, logical, and formally legal. Results. The paper analyzes the results of consideration of the draft Federal Law No. 421600-7 “On Amendments to Certain Legislative Acts of the Russian Federation Due to Improving Conciliation Procedures” in the first reading by the State Duma of the Russian Federation, taking into account the opinion of the relevant committee of the State Duma of the Russian Federation on state construction and legislation which caused a wide resonance in the Russian legal community. It is concluded that the world experience in applying reconciliation procedures, indicating a positive dynamic in the peaceful resolution of legal disputes, is also spreading within the framework of the Russian legal system. In the framework of the Russian judicial procedure, two fundamental conciliation procedures were consolidated – the mediation procedure and the judicial conciliation procedure. The introduction of special subjects (intermediaries) as judicial conciliators for the settlement of disputes in court is aimed at reducing the workload of judges, its concise and effective distribution. Conclusion. The material contained in the work is of interest for further research on the problems of alternative ways of resolving a legal conflict, can be used when giving lectures and conducting practical training in the course of the civil process

scholarly journals PROCEDURAL POSITION OF THE EXPERT IN CRIMINAL AND CIVIL PROCEEDINGS

2019 ◽  
Vol 5 (1) ◽  
pp. 42-46
Author(s):  
I. V. Buromskiy ◽  
Yu. V. Ermakova ◽  
E. S. Sidorenko
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Civil Law ◽  
Medical Examination ◽  
Federal Law ◽  
Procedure Code ◽  
Civil Proceedings ◽  
Civil Proceeding ◽  
The Russian Federation ◽  
Forensic Expert

The article presents a comparative analysis of the procedural position of the expert in criminal and civil proceeding. There are considered main differences and similarities of the rights, duties and responsibilities of the expert which regulated by the Criminal Procedure Code of the Russian Federation, the Civil Law Code of the Russian Federation, the Federal Law «About state forensic expert activity in the Russian Federation», the Order of organization and production of forensic medical examination in the state forensic expert institutions of the Russian Federation.

THE NORMATIVELY FIXED “CRITERIA” OF QUALIFIED LEGAL ASSISTANCE IN CIVIL PROCEEDINGS AND ARBITRATION PROCEDURE ARE ON THE AGENDA (IN THE LIGHT OF THE RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION OF 16 JULY 2020 NO. 37-P)

2021 ◽  
Vol 10 (6) ◽  
pp. 101-113
Author(s):  
D.I. BEKYASHEVA
Keyword(s):  
Russian Federation ◽  
Constitutional Court ◽  
Legal Assistance ◽  
Federal Law ◽  
Close Attention ◽  
Legal Proceedings ◽  
Correct Conclusion ◽  
Civil Proceedings ◽  
Arbitration Procedure ◽  
The Russian Federation

The experience of creating professionally oriented legal proceedings is not new (besides, it is far from positive) for arbitration procedure, which, once again addressing this issue, required the legislator to thoroughly study, at least, that had already happened in this regard – the practice of the Constitutional Court of the Russian Federation. While recognizing the existence of two mutually exclusive provisions that appeared in one Resolution of the Constitutional Court of the Russian Federation (from 16 July 2004 No. 15-P), we still cannot but come to the sad conclusion that when establishing restrictions on judicial representatives, none of the conclusions of the Constitutional Court of the Russian Federation is so was not accounted for. At the same time, the Constitutional Court of the Russian Federation itself, in its own Resolution of 16 July 2020 No. 37-P, where the qualified legal assistance provided was checked (Federal Law of 28 November 2018 No. 451-FZ), states the presence of a minimum standard, which externally appears as a forecast of an alleged additional (possibly more close) attention to the set of criteria for a professional representative, but from the inside – this argument of the Constitutional Court of the Russian Federation is just an aporia, a logically correct conclusion, which is still unable to exist in reality.

Consequences of procedural rules violation on conciliation procedures in civil proceedings (to the adoption of the Federal Law of July 26, 2019 No. 197-FZ “On Amending Certain Legislative Acts of the Russian Federation”)

2019 ◽  
pp. 549-557
Author(s):  
Andrew Vladimirovich Yudin
Keyword(s):  
Russian Federation ◽  
Federal Law ◽  
Procedural Law ◽  
Arbitration Process ◽  
Civil Proceedings ◽  
The Russian Federation ◽  
Draw Conclusion ◽  
Court Of First Instance

The relevance of the study lies in the fact that the reform of the procedural legislation in line with expanding the possibilities of parties reconciliation at all stages of the civil and arbitration process, including through mediation, has generated a number of scientific and practical problems, one of which is the assessment of the imperativeness of the rules of procedural law on fulfillment by a court or arbitration tribunal of an obligation to facilitate parties reconciliation. The purpose of the study is to evaluate the arguments both in favor of the fact that the court’s failure to fulfill the obligation to cooperate in reconciling the parties should serve as the basis for the an-nulment of the judicial act, and in favor of the fact that this violation does not affect the decision correctness on the merits of the dispute. We draw conclusion that, in certain circumstances, a provisions violation on conciliation may constitute a reason for the decision annulment (for example, in cases where the court of the verification instance, in order to make up for the omissions of the court of first instance, leads the parties to reconciliation, although annulment with the termination of the proceedings in this case is objective consequence of achieving the result of conciliation procedures); in other cases, the discovery of the fact that the potential of conciliation procedures has not been used, with the revealed possibility of parties conciliation, may serve as the basis for making a special ruling to the court of first instance. But in any case, the court’s failure to reconcile the parties would constitute a violation of civil procedural law, which should not be left without any reaction from the courts of verification instances.

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.

Problems of informed consent in domestic medicine

2020 ◽  
Author(s):  
Vladimir Alshevsky
Keyword(s):  
Informed Consent ◽  
Russian Federation ◽  
Criminal Code ◽  
Medical Intervention ◽  
Federal Law ◽  
Ministry Of Health ◽  
Civil Proceedings ◽  
The Russian Federation

Since 1993, the requirement to obtain informed consent from a patient before a medical intervention has not been properly implemented to date. This is partly due to the wording of a number of articles of the current Federal Law of November 21, 2011 № 323-FZ and orders of the Ministry of Health of the Russian Federation, which set the trend for profanity in informing the patient. Evasion of the doctor from proper informing the patient creates the prerequisites for the doctor to commit acts falling under the Criminal Code, as well as in civil proceedings.

scholarly journals "Procedural Revolution". Review of Changes to Civil Procedure Codes

2019 ◽  
Vol 3 (2) ◽  
pp. 187-198
Author(s):  
Егор Трезубов ◽  
Egor Trezubov
Keyword(s):  
Civil Procedure ◽  
Court System ◽  
Federal Law ◽  
Procedure Code ◽  
Arbitration Procedure ◽  
The Media ◽  
Procedural Reform ◽  
The One ◽  
Simplified Procedures ◽  
Administrative Proceedings

This review examines some changes introduced by the Federal Law on January 28, 2018, No. 451-FZ, to the Civil Procedure Code, the Arbitration Procedure Code, and the Code of Administrative Procedure of the Russian Federation. The media called the amendment pool “procedural revolution”. It touched many institutions. On the one hand, it promoted unification of the civil process and imposed legal certainty on many issues. On the other hand, it simplified some ordinary procedures. Some of the changes fix the rules formed in judicial practice; others are essentially transitional and imply the need for further refinement. The present research explores the following innovations: modernization of the institute of court competence in the context of the availability of judicial protection, simplification and unification of the procedure for reviewing a challenge to the court, expanding the scope of simplified procedures for reviewing requirements, fixing the rules of continuous appeal in civil and administrative proceedings, etc. The review introduces the upcoming changes to the reader and outlines the author's opinion on the procedural reform. Some changes are characterized as positive, and the author substantiates the need for reform. Meanwhile, some innovations are criticized as they will inevitably lead to restriction of the rights of participants in the procedural relations. The author believes that the innovations of the “procedural revolution” will not lead improve the court system.

Family Support in Early Hearing Detection and Intervention (EHDI) Systems

2012 ◽  
Vol 22 (1) ◽  
pp. 11-21
Author(s):  
Patti Martin ◽  
Nannette Nicholson ◽  
Charia Hall
Keyword(s):  
Family Support ◽  
Hard Of Hearing ◽  
Critical Role ◽  
Annual Conference ◽  
Federal Law ◽  
Think Tank ◽  
Learning Collaborative ◽  
Technological Advances ◽  
Improved Outcomes ◽  
Program Components

Family support has evolved from a buzzword of the 1990s to a concept founded in theory, mandated by federal law, valued across disciplines, and espoused by both parents and professionals. This emphasis on family-centered practices for families of young children with disabilities, coupled with federal policy initiatives and technological advances, served as the impetus for the development of Early Hearing Detection and Intervention (EHDI) programs (Nicholson & Martin, in press). White, Forsman, Eichwald, and Muñoz (2010) provide an excellent review of the evolution of EHDI systems, which include family support as one of their 9 components. The National Center for Hearing Assessment and Management (NCHAM), the Maternal and Child Health Bureau, and the Center for Disease Control Centers cosponsored the first National EHDI Conference. This conference brought stakeholders including parents, practitioners, and researchers from diverse backgrounds together to form a learning collaborative (Forsman, 2002). Attendees represented a variety of state, national, and/or federal agencies and organizations. This forum focused effort on the development of EHDI programs infused with translating research into practices and policy. When NCHAM, recognizing the critical role of family support in the improvement of outcomes for both children and families, created a think tank to investigate the concept of a conference centered on support for families of children who are deaf or hard of hearing in 2005, the “Investing in Family Support” (IFSC) conference was born. This conference was specifically designed to facilitate and enhance EHDI efforts within the family support arena. From this venue, a model of family support was conceptualized and has served as the cornerstone of the IFSC annual conference since 2006. Designed to be a functional framework, the IFSC model delineates where and how families find support. In this article, we will promote and encourage continued efforts towards defining operational measures and program components to ultimately quantify success as it relates to improved outcomes for these children and their families. The authors view this opportunity to revisit the theoretical underpinnings of family support, the emerging research in this area, and the basics of the IFSC Model of Family Support as a call to action. We challenge professionals who work with children identified as deaf or hard of hearing to move family support from conceptualization to practices that are grounded in evidence and ever mindful of the unique and dynamic nature of individual families.

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