SCIENTIFIC VIEWS OF M.K. TREUSHNIKOV THROUGH THE PRISM OF PUBLICATION ACTIVITY

2021 ◽  
Vol 11 (5) ◽  
pp. 222-232
Author(s):  
D.Kh. VALEEV ◽  
N.N. MAKOLKIN

This article is an attempt to briefly analyze the scientific activity of Mikhail Konstantinovich Treushnikov, which is carried out through the prism of his publication activity in all its manifestations. In addition, this study presents an attempt to collect a complete bibliography of M.K. Treushnikov. The significance of this study is determined both by its uniqueness, which is due to the use of information from various sources, and the presence of individual theses and conclusions formulated by the authors. Thus, this work focuses on the fact that M.K. Treushnikov, in addition to considering the problems of civil and arbitral procedural law, paid attention to the development of problems of higher education, including in terms of methodology, and that, perhaps, allowed him to create a real school of civil procedure law in the walls of the Lomonosov Moscow State University. In addition, the thesis is put forward and substantiated that M.K. Treushnikov was actively engaged in questions of the law of evidence, as well as judicial law, which were widely reflected in his numerous works published in various journals and collections, as well as embodied in monographs.

2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Fawzia Cassim ◽  
Nomulelo Queen Mabeka

Civil procedure enforces the rules and provisions of civil law.  The law of civil procedure involves the issuing, service and filing of documents to initiate court proceedings in the superior courts and lower courts. Indeed, notice of legal proceedings is given to every person to ensure compliance with the audi alteram partem maxim (“hear the other side”). There are various rules and legislation that regulate these court proceedings such as inter alia, the Superior Courts Act, 2013, Uniform Rules of Court, Constitution Seventeenth Amendment Act, 2012 and the Magistrates’ Courts Act of 1944. The rules of court are binding on a court by virtue of their nature.  The purpose of these rules is to facilitate inexpensive and efficient legislation. However, civil procedure does not only depend on statutory provisions and the rules of court.  Common law also plays a role. Superior Courts are said to exercise inherent jurisdiction in that its jurisdiction is derived from common law.  It is noteworthy that whilst our rules of court and statutes are largely based on the English law, Roman-Dutch law also has an impact on our procedural law. The question thus arises, how can our law of civil procedure transform to accommodate elements of Africanisation as we are part and parcel of the African continent/diaspora? In this regard, the article examines the origins of Western-based civil procedure, our formal court systems, the impact of the Constitution on traditional civil procedure, the use of dispute resolution mechanisms in Western legal systems and African culture, an overview of the Traditional Courts Bill of 2012 and the advent of the Traditional Courts Bill of 2017. The article also examines how the contentious Traditional Courts Bills of 2012 and 2017 will transform or complement the law of civil procedure and apply in practice once it is passed into law.


2021 ◽  
Vol 11 (5) ◽  
pp. 22-33
Author(s):  
E.V. KUDRYAVTSEVA

The article is dedicated to the memory of Mikhail Konstantinovich Treushnikov, Doctor of Law, Professor, Honored Scientist, Head of the Department of Civil Procedure of the Law Faculty of the Lomonosov Moscow State University. The article analyzes the methodology of teaching civil procedure, focuses on the methodology of lecturing, seminars, and game processes. Mikhail Konstantinovich paid great attention to the methodology of teaching civil procedure. The author of the article offers a study of the section “Methods of Teaching Law” from the book “Creative Search in the Science of Civil Procedure Law” by M.K. Treushnikov published in 2020. This section presents methodological recommendations on how to prepare and give lectures for newly elected judges at the republican training courses for legal officers on two subjects: “Preparation of civil cases for trial is a mandatory stage of the process”, “Types of evidence in civil proceedings”. The other two articles in this section are devoted to different issues. One is devoted to the methodology of teaching law in non-law universities (on the example of Moscow State University), the other is written on the basis of a speech “Traditions and Innovations in Legal Education” at the conference meeting of the heads of the departments of social sciences of the Lomonosov Moscow State University on 16 February 2007 and shows the role of departments in solving the problems of legal education.


2015 ◽  
Vol 2015 (5) ◽  
pp. 68-88
Author(s):  
Petr Kiryushin ◽  
Mariya Strygina ◽  
Ekaterina Kashirina

Promotion of “green” economy, that assumes increasing of the population welfare, social justice and improving of environmental quality, is one of the most important trends in the development of many countries including Russia. For our country building of “green” economy is also linked to the modernization and breaking with export-dependence on raw materials. Higher education institutions could contribute to the development of this process: traditionally both in the world and in Russia at universities environmental initiatives could be implemented and future environmental leaders could grow. To speed up the transition to of “green” economy we have proposed an approach “University as a model of “green” economy”. It is based on the possibility of developing, testing and further replication of “green” technologies at universities – in the areas of energy efficiency, waste management, eco-friendly transport, etc. We carried out the analysis of the pilot projects in the field of “green” economy – two cases of separate waste collection: in the Main building of Lomonosov Moscow State University (LMSU) and the LMSU branch in Sevastopol. We conclude that there is a significant potential of the implementation of “green” technologies for the development of “green” economy and for the development of universities themselves.


2019 ◽  
Author(s):  
Annalena Hanke

This highly significant work in terms of litigation practice critically examines the case law of Germany’s highest courts with regard to third-party counterclaims. In particular, it discusses the recognition of third-party counterclaims as an independent institution of procedural law. This work solves the problems that arise in this respect, above all the question of local jurisdiction, using the existing legally regulated instruments of procedural law. Due to the actual lack of the presupposed loophole in the regulations, it therefore calls into question both the analogous application of § 33 of Germany’s civil procedure code (Zivilprozessordnung) and the judicial development of the law in this area.


2017 ◽  
Vol 22 (1) ◽  
pp. 71-80 ◽  
Author(s):  
B.B. Aismontas ◽  
M.A. Odintsova

In this article we study the main goals, objectives, functions and mechanisms of social psychological support of students with disabilities and special needs in higher education. We describe the experience in providing such support at the Department of Distance Learning of the Moscow State University of Psychology and Education. We show that social psychological support of students with disabilities is a specially organized process involving the creation of an optimally accessible and nurturing environment which contributes to the development of general cultural, professional competencies as well as to healthy personality development in individuals. Macro social, psychological and pedagogical features of the environment play a key role in social psychological support. Psychological and educational support of students with disabilities involves several types of assistance, each with its own tasks and features, however only the optimal combination of these forms embodies social psychological support as a whole.


Author(s):  
Matthew A. Shapiro

This chapter addresses the significance of civil procedure in private law’s treatment of civil wrongs. It begins by canvassing contemporary private law theory, focusing in particular on the civil recourse theory of tort law. The chapter notes that civil recourse theory incorporates assumptions about private law’s characteristic responses to wrongs, each of which is, ultimately, an assumption about the law of civil procedure. They include assumptions that civil litigation is strongly adversarial, that it provides plaintiffs with an opportunity to confront defendants for civil wrongs, and that it culminates in an authoritative judicial declaration of where things stand between the parties as a matter of right. This chapter also points out that civil recourse theorists tend to treat these features of procedural law as fixed and essential elements of tort law. But close examination shows this to be a mistake. The rise of routinized settlement and arbitration, among other things, suggests that private law’s procedural responses to civil wrongs are varied and changing, often in ways inconsistent with interpretations given by leading theorists.


Author(s):  
M. B. Khrustalev ◽  
N. Yu. Turbina ◽  
A. A. Maksimova

Introduction. Currently, globalization and market economy have led to the necessary improving competitiveness of the universities. The parameters of academic efficiency along with reputation indicators become the main criteria for inclusion in international and domestic rankings and thus affect the financial well-being of the university.The objectiveof this study is to compare the indicators of scientific activity of the largest Russian medical universities and the foreign non-English speaking university that conducts training in medicine, according to data obtained from scientometric databases and to determine the prospects for including Russian medical universities into the leading international rankings.Material and methods.The publication activity of 9 largest Russian medical universities for 5 years was analyzed: the number of articles and the number of citations. For comparison, we used data from a similar number of employees of a foreign university that trains students in medicine, included in international rankings. The sources were the Scopus database, as well as international rankings: Times Higher Education, Academic Ranking of World Universities and QS World University Rankings.Results. Only two Russian medical universities are mentioned in the bottom lines (1000+) in the THE ranking and none of them fall into the QS WUR ranking. However, while maintaining the current trends of increasing the number of publications in Scopus, in the next 2–3 years there are prospects for inclusion in the THE ranking of «Pavlov First Saint Petersburg State Medical University» and «A. I. Yevdokimov Moscow State University of Medicine and Dentistry».Conclusion. Based on the analysis of publication activity of the largest medical universities in Russia, it can be noted that it is necessary to develop international scientific cooperation and develop strategies for improving self citation in universities, and also need to work more actively with graduates and their employers.


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