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 To the admissibility of the civil law exemption of property from arrest, imposed in the criminal proceedings: domestic and foreign experience

2017 ◽  
Vol 1 (3) ◽  
pp. 190-200
Author(s):  
Natalia Kashtanova
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Civil Procedure ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Civil Proceedings ◽  
The Russian Federation ◽  
Judicial Protection

The subject of paper deals with the legal nature of measures of criminal procedural compulsionin the form of seizure of property.Methodological basis of the article is based on general scientific dialectical methods of cognitionof objective reality of the legal processes and phenomena that allowed us to conduct anobjective assessment of the state of legislation and law enforcement practice in the proceduralaspects of the cancellation of the seizure of property in criminal proceedings of Russia.The results and scope of it’s application. It is submitted that the cancellation of the seizureof the property (or the individual limit) is allowed only on the grounds and in the mannerprescribed by the criminal procedure law of the Russian Federation. However, the studyfound serious contradictions in the application of the relevant law. In particular, cases inwhich the question of exemption of property from arrest (exclusion from the inventory),imposed in the criminal case was resolved in a civil procedure that, in the opinion of theauthor of the publication, is extremely unacceptable.On the stated issues topics analyzes opinions of scientists who say that the dispute aboutthe release of impounded property may be allowed in civil proceedings, including pendingresolution of the criminal case on the merits. The author strongly disagrees with this positionand supports those experts who argue that the filing of a claim for exemption of propertyfrom arrest (exclusion from the inventory) the reviewed judicial act of imposing of arrestwithout recognition per se invalid. In this regard, the author cites the legal position ofthe constitutional Court of the Russian Federation, from which clearly follows that of theright of everyone to judicial protection does not imply the possibility of choice of the citizenat its discretion, techniques and procedures of judicial protection, since the features of suchjudicial protection is defined in specific Federal laws.The author analyzes and appreciates Kazakhstan's experience of legal regulation of the permissibilityof filing a civil claim for exemption of property from seizure imposed in criminalproceedings. The author notes that the new civil procedural legislation of the Republic ofKazakhstan, which came into force from 01 January 2016, clearly captures that considerationin the civil proceedings are not subject to claims for exemption of property from seizureby the criminal prosecution body.Conclusions. Necessity of amendment to article 422 of the Civil Procedure Code of Russia:this article should not apply to cases of application of measures of criminal procedural compulsionin the form of seizure of property. Among other things, the author proposed additionsto part 9 of article 115 of the Criminal Procedure Code of Russia.

scholarly journals ՎԵՃԵՐԻ ՈՉ ԴԱՏԱԿԱՆ ԼՈՒԾՄԱՆ ՆԱԽԱԴԱՏԱԿԱՆ ԿԱՐԳԸ ՀՀ ՔԱՂԱՔԱՑԻԱԿԱՆ ԴԱՏԱՎԱՐՈՒԹՅՈՒՆՈՒՄ/NOT JUDICIAL RESOLUTION OF DISPUTES IN PRE-TRIAL ORDER IN RA CIVIL PROCEEDINGS/НЕСУДЕБНОЕ РЕШЕНИЕ СПОРОВ В ПРЕДСУДЕБНОМ ПОРЯДКЕ В ГРАЖДАНСКОМ СУДОПРОИЗВОДСТВЕ РА

2019 ◽  
pp. 67-78
Author(s):  
Edgar Avetisyan
Keyword(s):  
Dispute Resolution ◽  
Human Right ◽  
Effective Protection ◽  
Procedure Code ◽  
Civil Proceedings ◽  
Protection Of Human Rights ◽  
The Republic ◽  
The Right ◽  
Judicial Protection ◽  
Settlement Of Disputes

This article touches upon the pre-trial procedures for resolving civil disputes. The study of this issue in the light of the new out-of-court settlement of disputes set out in the current Civil Procedure Code of the Republic of Armenia is becoming more than relevant. When establishing a non-judicial dispute resolution procedure for individuals, the issue of unjustified restriction of the human right to judicial protection becomes quite important. The purpose of the study is the effective and targeted application of the pre-trial procedure prescribed by law, which should not lead to unreasonable restriction of judicial protection. The approaches presented as a result of our research increase the effectiveness of pre-trial dispute resolution and reduce the risk of unjustified restriction of the right to judicial protection. And in some cases, the correct and targeted use of the pre-trial order is more conducive to the effective protection of human rights.

CLASS ACTIONS IN CIVIL PROCEDURE: ENFORCEMENT ISSUES

2021 ◽  
Vol 11 (5) ◽  
pp. 86-106
Author(s):  
V.V. YARKOV
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Civil Procedure ◽  
Class Action ◽  
Class Actions ◽  
Procedure Code ◽  
Civil Proceedings ◽  
The Russian Federation ◽  
Special Rules

The issues of legal regulation and the first experience of law enforcement of class actions on the example of chapter 22.3 of the Civil Procedure Code of the Russian Federation are considered. Despite the generally unified legal regulation of class proceedings in arbitration and civil proceedings, in the practice of courts of general jurisdiction there are specific issues that need to be addressed. In article value of unity of all conditions of qualification of the declared requirements as the class action is underlined, and also consequences of non-compliance of conditions of certification are revealed. Attention has been drawn to the necessity of application of the general rules of action proceedings along with the special rules of chapter 22.3 of the Civil Procedure Code of the Russian Federation in consideration of class actions. Also within the framework of this study the author concludes that each new legal institute raises a number of controversial issues in the process of law enforcement. And that is why it is very important to refer to the general provisions of the Civil Procedure Code of the Russian Federation, developed under the guidance of Professor M.K. Treushnikov, which allow to find the best solution for this or that problem of legal regulation and law enforcement.

INSTITUTE OF CONCILIATION PROCEDURES IN CIVIL PROCEEDINGS, TAKING INTO ACCOUNT CHAPTER 14.1 OF THE CIVIL PROCEDURE CODE OF THE RUSSIAN FEDERATION

2021 ◽  
Author(s):  
Тимур Султанович Габазов ◽  
Аюб Бисланович Сулейманов
Keyword(s):  
Russian Federation ◽  
Civil Procedure ◽  
Statistical Information ◽  
Procedure Code ◽  
Peaceful Settlement ◽  
Civil Proceedings ◽  
The Subject ◽  
The Russian Federation

Статья посвящена изучению актуальности института примирительных процедур в свете введения в ГПК РФ новой главы. Описывается сам процесс возникновения данной законодательной новеллы, столь необходимой в настоящее время в гражданском судопроизводстве с учетом придания статутного значения мирному урегулированию гражданско-правовых споров, которые являются предметом рассмотрения в судах общей юрисдикции. В работе также приводится актуальная статистическая информация. The article is devoted to the study of the relevance of the institution of conciliation procedures in the light of the introduction of a new chapter in the Code of Civil Procedure of the Russian Federation. The very process of the emergence of this legislative novelty, which is so necessary at present in civil proceedings, taking into account the attachment of statutory significance to the peaceful settlement of civil disputes, which are the subject of consideration in courts of general jurisdiction, is described. The work also provides up-to-date statistical information.

scholarly journals Penyelesaian Perkara Perdata di Pengadilan Berdasarkan Peraturan Mahkamah Agung Republik Indonesia Nomor 1 Tahun 2016

2018 ◽  
Vol 7 (4) ◽  
pp. 456
Author(s):  
I Komang Wiantara
Keyword(s):  
Supreme Court ◽  
Dispute Resolution ◽  
Research Method ◽  
Civil Procedure ◽  
Good Faith ◽  
Court Decision ◽  
Party Autonomy ◽  
Peace Agreements ◽  
Procedure Code ◽  
The Supreme Court

The existence of mediation in the settlement of civil disputes in the courts is regulated in the Supreme Court Regulation No. 1 of 2016 concerning Mediation Procedures in the Court which contains ten principles including: mediation must be taken, party autonomy, mediation in good faith, time efficiency, mediator certification, mediator responsibility , confidentiality, financing, repetition of mediation, peace agreements outside the court, become integral parts in resolving disputes in court. In addition, mediation in the court strengthened peaceful efforts as stated in the Civil Procedure Code. The purpose of this study is to understand and analyze the legal strength of mediation in the Court. This study uses a normative juridical research method using the statutory approach. Study show that due to its consensual and collaborative nature, mediation always results in a dispute resolution in a win-win solution that is strengthened to become a Peace Deed, which has Executorial power like a Court Decision. Eksistensi mediasi dalam penyelesaian sengketa perdata di pengadilan diatur dalam Peraturan Mahkamah Agung Republik Indonesia Nomor 1 Tahun 2016 Tentang Prosedur Mediasi Di Pengadilan yang memuat sepuluh prinsip meliputi: mediasi wajib ditempuh, otonomi para pihak, mediasi dengan itikad baik, efisiensi waktu, sertifikasi mediator, tanggung jawab mediator, kerahasiaan, pembiayaan, pengulangan mediasi, kesepakatan perdamaian di luar pengadilan, menjadi bagian dalam integral dalam penyelesaian sengketa di pengadilan. Selain itu mediasi pada pengadilan memperkuat upaya damai sebagaimana yang tertuang di dalam hukum acara Perdata. Tujuan penelitian ini untuk memahami dan menganalisis kekuatan hukum mediasi menurut Peraturan Mahkamah Agung Republik Indonesia Nomor 1 Tahun 2016 Tentang Prosedur Mediasi Di Pengadilan. Kajian ini menggunakan metode penelitian yuridis normatif dengan menggunakan pendekatan perundang-undangan. Hasil penelitian menunjukkan bahwa karena sifatnya yang konsensual dan kolaboratif, maka mediasi selalu menghasilkan penyelesaian sengketa dengan cara sama-sama menguntungkan bagi para pihak (win-win solution) yang dikuatkan menjadi Akta Perdamaian, yang memiliki kekuatan Eksekutorial layaknya Putusan Pengadilan.

scholarly journals Principles of legal proceedings in the Code of administrative proceedings and in the Civil procedure code

2020 ◽  
Vol 4 (3) ◽  
pp. 139-147
Author(s):  
Lydia A. Terekhova
Keyword(s):  
Characteristic Feature ◽  
Civil Procedure ◽  
Independent System ◽  
Legal Proceedings ◽  
Administrative Procedure ◽  
Procedure Code ◽  
Civil Proceedings ◽  
Rules Of Evidence ◽  
The Subject ◽  
Administrative Proceedings

The subject. The system of principles of legal proceedings is one of the indicators of the independence of the type of legal proceedings. The article analyzes the general and distinctive features of the principles enshrined in the Russian Civil Procedure Сode and the Code of Administrative Procedure. The purpose of the article is confirmation or confutation of the hypothesis that there is no independent system of principles of administrative proceedings that differs from the system of principles of civil proceedings. The methodology of the study includes the formal legal method, analysis, synthesis. The main results. All of the principles enshrined in the Code of Administrative Procedure are also enshrined in the Civil Procedure Code except some minor characteristics. So, the active role of the court, involving a number of exceptions to the usual rules of evidence, was also characteristic of the regulation of the consideration of cases arising from public legal relations in the Code of Civil Procedure. The court’s active actions to determine the subject of evidence, to recover evidence are general rules of evidence for all types of proceedings. These rules existed both before the adoption of the Code of Administrative Procedure and after it. But the specifics of the execution of judicial acts adopted in cases of administrative proceedings require special attention. A characteristic feature in the consideration and resolution of most administrative cases is the immediate execution of decisions enshrined directly in the Code of Administrative Procedure. Such a rule can be considered as a priority of immediate execution, which is a characteristic feature of administrative proceedings. The author doubts about the need for normative consolidation of the principles, as well as the need for a special list of principles of administrative legal proceedings in separate article of the procedural code. Conclusons. The absence of an independent system of administrative procedural principles confirms the thesis that administrative proceedings cannot be considered an independent branch of law separated from civil proceedings law. However, the priority of immediate execution of a court decision is a characteristic feature (perhaps even a principle) of administrative proceedings.

scholarly journals Problems and Prospects of Legal Regulation of the Status of Persons Contributing to the Administration of Justice in Civil Proceedings

2020 ◽  
Vol 15 (1) ◽  
pp. 103-115
Author(s):  
O. N. Gorodnova ◽  
A. A. Makarushkova
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Civil Procedure ◽  
Procedure Code ◽  
Civil Proceedings ◽  
Administration Of Justice ◽  
The Status ◽  
Procedural Code ◽  
The Russian Federation

Based on a comparative analysis of the norms of the procedural legislation of the Russian Federation, the paper discusses certain problems and prospects of legal regulation of the status of persons contributing to the administration of justice: expert, specialist, witness, interpreter, assistant judge, court clerk, as applied to civil proceedings.The authors analyze modern approaches to the persons contributing to the administration of justice, considering, along with traditional subjects, such a procedural figure as judicial representative in a civil procedure, taking into account the latest changes and additions to the Civil Procedure Code of the Russian Federation, entering into force on September 1, 2019.Based on a comparative analysis of the provisions of the arbitration and civil procedural laws, the authors of the paper point that the Civil Procedural Code of the Russian Federation lacks a separate chapter on legal regulation of the status of participants in civil proceedings, including those assisting in the administration of justice. This makes it difficult to establish the circle of such entities in practice. In this regard, they propose, by analogy with the Arbitration Procedure Code of the Russian Federation, to fix the circle of participants in the civil procedure in a separate chapter, revealing in detail and specifying the legal status in other articles of the Civil Procedural Code of the Russian Federation of other participants in the civil proceedings.In the paper, the authors conclude that the judicial representative must be considered as an independent subject of the civil proceedings. Finally, this problematic issue can only be resolved by making appropriate changes and additions to the Civil Procedural Code of the Russian Federation.It is noted that, despite the absence of special instructions in the Civil Procedural Code of the Russian Federation to other participants in the process, their list is not exhaustive and in fact, the circle of persons involved in the case is much wider. Such persons include court bailiffs and witnesses, whose legal status is currently debatable.

Part 2 Specific Issues of Arbitration in Brazil, 3 Consolidation of Arbitration by the Brazilian Courts: STF and STJ

2020 ◽  
Author(s):  
Cueva Ministro Ricardo Villas Bôas
Keyword(s):  
Public Policy ◽  
Dispute Resolution ◽  
Case Law ◽  
Legal Framework ◽  
Civil Procedure ◽  
Commercial Arbitration ◽  
Procedure Code ◽  
New Public ◽  
Alternative Means ◽  
Federal Supreme

This chapter traces the evolution of case law regarding arbitration in Brazil. Before the enactment of the Brazilian Arbitration Law (BAL), arbitration was not taken seriously in Brazil because the applicable norms of the Civil Code and of the Civil Procedure Code created mounting obstacles, which prevented commercial arbitration from flourishing. The new statute of 1996 changed this completely and introduced an arbitration friendly legal framework. In 2001, the Federal Supreme Court (STF) upheld the constitutionality of the BAL. From then on, the Superior Tribunal of Justice (STJ), the court of third instance, has played a key role in defining clear and predictable rules about arbitration. The success of arbitration in Brazil has had a significant impact on the reform of the Civil Procedure Code, which was enacted in 2015. The new Code embraced arbitration as central part of a new public policy directed to the promotion of alternative means of dispute resolution and the fostering of a multi-door courtroom system. The increasing relevance of arbitration for the resolution of business disputes in Brazil might also explain the adoption of a system of mandatory pre-trial hearing purported to stimulate the parties to use mediation and/or conciliation to solve their conflict.

ON EVIDENCE AND PROOF IN CIVIL PROCEDURE (IN MEMORY OF PROFESSOR M.K. TREUSHNIKOV)

2021 ◽  
Vol 11 (5) ◽  
pp. 34-48
Author(s):  
T.V. SAKHNOVA
Keyword(s):  
Civil Procedure ◽  
Forensic Evidence ◽  
Basic Principles ◽  
The Core ◽  
Procedure Code ◽  
Civil Proceedings ◽  
The Russian Federation ◽  
Litmus Test ◽  
Evidence And Proof ◽  
The 19Th Century

Proof and evidence reflect the quintessence of civil procedure; this is the “litmus test”, which inevitably and clearly shows the effectiveness (or ineffectiveness) of basic principles, efficiency (or ineffectiveness) of the legislative paradigm of civil procedure, predictive function of science. It is no coincidence that the problems of proof and evidence-including in their traditional hypostasis-have always been the focus of attention of prominent domestic proceduralists, beginning in the 19th century. A pleiad of Russian pre-revolutionary scholars who turned their eyes to forensic evidence – E.V. Vaskovskii, A.Kh. Golmsten, K.I. Malyshev, E.A. Nefediev, B.V. Popov, – which is continued in the 20th century by S.N. Abramov, A.F. Kleinman, S.V. Kurylev, P.P. Gureev, L.P. Smyshliaev, Ia.L. Shtutin, and K.S. Iudelson (we do not aim to name all names) is brilliant. And not coincidentally, we believe, the problems of judicial proof and judicial evidence became the core of scientific research and achievements of Professor M.K. Treushnikov, who continued the best traditions of domestic jurisprudence and formulated the basis of the modern evidential paradigm in civil proceedings, which was legislatively reflected in the 2002 Civil Procedure Code of the Russian Federation.

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.

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