ON THE ROLE OF PROFESSOR M.K. TREUSHNIKOV IN THE DEVELOPMENT OF THE SCHOOL OF CIVIL PROCEDURE LAW OF THE REPUBLIC OF BELARUS

In this study the author confirms the thesis that the founder of the school of civil procedural law of Belarus is Professor S.V. Kurylev. It is emphasized that some of the main continuers of his ideas were V.G. Tikhini and N.G. Iurkevich, who conducted extensive work on training of scholars of procedural law. The main part of this work is devoted to the role of Professor M.K. Treushnikov in developing the school of civil procedural law of the Republic of Belarus, which was to a great extent realized through interaction with M.K. Treushnikov and V.G. Tikhini, which started with their monographic works that became the basis for their PhD theses. Another important milestone in the development of procedural science and legislation is that M.K. Treushnikov influenced as an organizer of lawmaking and educational process. Examples include his participation in the preparation of the draft of the Civil Procedure Code of the Russian Federation as co-chair of the working group and organization of its discussion with the invitation of scholars from post-Soviet states.

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Functions of the Supervision Proceedings in the Civil Procedure

Journal of Russian Law ◽

10.12737/17650 ◽

2016 ◽

Vol 4 (2) ◽

pp. 0-0

Author(s):

Ирина Быкова ◽

Irina Bykova

Keyword(s):

Russian Federation ◽

Civil Procedure ◽

Comparative Methods ◽

Procedure Code ◽

Russian State ◽

The Russian Federation ◽

Correct Understanding ◽

Modern Russian

In this article the author analyses correlation between terms tasks and aims of the civil procedure in whole and these ones of the supervision proceedings in particular. Addressing Soviet and modern Russian jurists’ opinions, the author based on contextual reading of the law rule of the Civil Procedure Code of the Russian Federation that determines aims and tasks of the civil procedure offers her own vision of correlation between the above-mentioned terms and supposes division into the main and additional tasks of the civil procedure. Named tasks of the civil procedure the author considers that determining functions of the civil procedure as means to complete these tasks is needed. Comparing other authors’ terms of the civil procedure function the author formulates her term of a function of the civil procedure. Moreover the question concerning possible synonym of terms: principles, tasks, aims and functions of the civil procedure is also considered. Concluding characterization of the civil procedure functions the author disserts about functions of each stage of the civil procedure, with a particular focus on optional stages of the civil procedure, one of which is the supervision proceedings. Based on functions of the supervision proceedings in the civil procedure the author divides such functions into check, regulatory, protecting, control and right-conferring functions. Employing in particular historic-legal and comparative methods of research, the author of this article characterizes each of the above-mentioned functions, also through determining tasks of each particular function of the supervision proceedings in the civil procedure. In conclusion the author writes that it’s necessity to determine the functions of the supervision proceedings in civil procedure for the purpose of correct understanding the role of the supervision proceedings in the civil procedure of the modern Russian State.

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Conversão da ação individual em ação coletiva: análise do conteúdo do artigo 333 do CPC/2015, das razões do veto da presidente da república e do aproveitamento do instituto no atual sistema processual/ Conversion from individual in collective action: analysis of the content from the article 333 in CPC/2015, the reasons of the veto of the President of the Republic and the use of the institute on current procedural system

Revista Brasileira de Direito ◽

10.18256/2238-0604/revistadedireito.v13n2p389-409 ◽

2017 ◽

Vol 13 (2) ◽

pp. 389

Author(s):

Eduardo Cambi ◽

Marcos Vargas Fogaça

Keyword(s):

Collective Action ◽

Analytical Method ◽

Due Process ◽

Civil Procedure ◽

Procedural Law ◽

Procedure Code ◽

Action Analysis ◽

Collective Process ◽

The Republic

O presente trabalho busca difundir o processo coletivo como instrumento para a melhoria da prestação jurisdicional. Também pretende a concretização das garantias constitucionais do direito processual brasileiro, corolários do devido processo legal coletivo, a partir de uma análise da conversão da ação individual em ação coletiva. Tal sugestão estava presente originalmente no artigo 333 do Código de Processo Civil de 2015 (NCPC), cuja inovação foi vetada pela Presidência da República. Para tanto, utiliza-se do método analítico de decomposição do instituto para analisar melhor cada especificidade. A conversão da demanda individual em demanda coletiva, prevista no texto vetado do NCPC, traria grandes conquistas a efetivação da justiça qualitativa, prestada de forma célere e efetiva. Assim, verifica-se a inconsistência do veto, uma vez que o instituto não estava mal disciplinado e permitia a convivência harmônica das técnicas de tutela coletiva de direitos com repercussão individual com as técnicas individuais de repercussão coletiva na sistemática processual civil brasileira. A partir da análise do incidente de coletivização, procura-se verificar em que medida tal instituto ainda pode ser aproveitado no atual sistema processual brasileiro.Palavras chave: Processo coletivo. Conversão da ação individual em ação coletiva. Veto ao Código de Processo Civil de 2015.AbstractThis study aims to spread the collective process as an instrument to the improvement of jurisdictional assistance and implementation of the constitutional principles of the Brazilian procedural law, corollaries of collective due process, on the basis of the analysis of conversion from individual in collective action, presents originally on article 333 of Civil Procedure Code of 2015, which was vetoed by the Presidency of the republic. Therefore, the analytical method of decomposition institute is used to better analyze each specificity. As the institute was regulated, the conversion from individual in collective action would bring great achievements to qualitative justice enforcement. Accordingly, there is inconsistency in Presidency’s veto, considering the institute wasn’t weak disciplined and there was the need for harmonious coexistence of rights collective protection techniques with individual techniques of collective repercussion on Brazilian civil procedure system.KeywordsCollective process. Conversion from individual in collective action. Veto on the Civil Procedure Code of 2015.

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

Herald of Civil Procedure ◽

10.24031/2226-0781-2021-11-3-109-131 ◽

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).

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APPEAL PROCEEDINGS: HISTORY, THEORY, PRACTICE

Herald of Civil Procedure ◽

10.24031/2226-0781-2021-11-5-107-139 ◽

2021 ◽

Vol 11 (5) ◽

pp. 107-139

Author(s):

E.A. BORISOVA

Keyword(s):

Civil Procedure ◽

Appellate Court ◽

Judicial Reform ◽

Procedural Law ◽

Judicial Practice ◽

Procedure Code ◽

Complex Approach ◽

The Russian Federation ◽

Court Of Appeal ◽

Made In

History, theory, and court practice are the basis of judicial reform. If the Civil Procedure Code of the Russian Federation was created considering this with, but subsequent changes of the procedural law show the opposite. Changes of procedure in the appellate court are not an exception, and that is why for the last 10 years theoretical and practical problems of appeal proceedings have existed. The article aims to draw attention to the reasons of occurrence of these problems; mistakes made in the course of its solution; ways of error correction with due regard for experience of Russian civil procedure, achievements of the civil procedure doctrine, needs of Russian judicial practice; necessity of complex approach in reforming proceedings in the court of appeal instance.

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COMPULSORY ENFORCEMENT OF ARBITRAL AWARDS IN RUSSIA - A DANGEROUS LEGAL PRECEDENT HAS OCCURRED

Herald of Civil Procedure ◽

10.24031/2226-0781-2020-10-5-101-117 ◽

2020 ◽

Vol 10 (5) ◽

pp. 101-117

Author(s):

M. SCHAER ◽

N.I. GAIDAENKO SCHAER ◽

O.V. ZAYTSEV

Keyword(s):

Law Enforcement ◽

Russian Federation ◽

Civil Procedure ◽

Arbitral Award ◽

Procedural Law ◽

Procedure Code ◽

Legal Precedent ◽

Moscow City ◽

Long Time ◽

The Russian Federation

In this article, the authors study and analyze the recent decisions of the courts of general jurisdiction (the appeal ruling of the Judicial Collegium for Civil Cases of the Moscow City Court of 26 July 2019 in case No. 33-34038/19 and the ruling of the Second General Jurisdiction Court of Cassation of 12 March 2020 in case No. 88-3792/2020). The authors, in the process of analyzing these examples of law enforcement law, come to the conclusion that the lack of a pro-arbitration approach in the courts of general jurisdiction to the application of the provisions of the Civil Procedure Code of the Russian Federation on the procedure for enforcing decisions of arbitration courts may not only block for a long time decision, but also to help reduce the popularity of arbitration proceedings as a way to resolve commercial disputes in Russia. In addition, the researchers note that the existing norms of the procedural law contribute to the emergence of situations that increase the time and cost of enforcing the arbitral award and create additional risks, including those associated with both delaying the process and blocking the execution of the arbitral award.

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The Content of the Concept of «Conclusion» in the Civil Process

RUSSIAN JUSTICE ◽

10.37399/issn2072-909x.2021.9.48-53 ◽

2021 ◽

pp. 48-53

Author(s):

Ryzhkov K. S. ◽

Keyword(s):

Russian Federation ◽

Civil Procedure ◽

General Concept ◽

General Definition ◽

Civil Process ◽

Procedural Law ◽

Expert Opinions ◽

Procedure Code ◽

The Russian Federation ◽

Definition Of

The article analyzes the problems associated with the content and scope of the concept of «conclusion» in civil procedural law. The absence of a definition of the concept of «conclusion» in the current legislation is noted, as well as the discussion that exists in the scientific literature on this issue. Attention is drawn to the application of this concept to procedural institutions of various contents (expert opinion and opinion in accordance with Articles 45 and 47 of the Civil Procedure Code of the Russian Federation). The aim of the study is to establish the content of the general concept of «conclusion» in the civil process by formulating its definition. To achieve this goal, the author has set the task of identifying differences between different types of conclusions in the civil process. The author also set the task of identifying common features that both expert opinions and conclusions have in accordance with Articles 45 and 47 of the Civil Procedure Code of the Russian Federation. In the framework of this study, methods such as the analysis method, as well as system-structural and formal-legal methods were applied. The content of the procedural rules in their totality and comparison, including the norms of other procedural branches of law, is analyzed. The application of the above methods allowed us to fully achieve the goals and objectives of the study, to formulate scientifically based conclusions. Based on the results of the study, the author gives a general definition of the concept of «conclusion» in civil procedure law, applicable to all types of opinions that exist within the framework of the norms of the Civil Procedure Code of the Russian Federation. Attention is drawn to the nature of the conclusion as a judgment of an evaluative nature. As signs of a conclusion in a civil process, its subject (the subject of civil process) and a specific procedural form are named.

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Principles of Russian civil procedure law: positivist approach

Current Issues of the State and Law ◽

10.20310/2587-9340-2020-4-16-515-522 ◽

2020 ◽

pp. 515-522

Author(s):

Vera Iliukhina

Keyword(s):

Civil Rights ◽

Russian Federation ◽

Civil Procedure ◽

The Third ◽

Procedural Law ◽

Procedure Code ◽

The Russian Federation ◽

The Law ◽

Positivist Approach

Based on the positivist approach to consciousness the law principle, the classification of the principles of Russian civil procedure law is clarified. The principles of civil procedural law of the Russian Federation are understood as the basic provisions of the civil procedural law branch, enshrined in the Constitution of the Russian Federation and (or) the Civil Procedure Code of the Russian Federation. Depending on the source of consolidation, there are three types of normative principles of civil procedure law: 1) constitutional principles of civil procedure law, duplicated in the Civil Procedure Code of the Russian Federation; 2) constitutional principles of civil procedure law that are not duplicated in the Civil Procedure Code of the Russian Federation; 3) branch principles of civil procedure law, reflected in the Civil Procedure Code of the Russian Federation. The first group includes 12 prin-ciples, the second – 7 principles, and the third – 2 principles. In contrast to the previously proposed approach to the principles of civil procedure law in our classification, the number of principles included in the first and second groups is expanded. In particular, the first group includes the principle of le-gality, the principle of guaranteed protection of human and civil rights and freedoms, the principle of respect for the individual's honor and dignity, the principle of the individual's freedom and inviolability, the principle of secrecy of correspondence, telephone and other conversations, postal, telegraphic and other messages, the principle of home inviolability, the principle of freedom from the obligation to testify, and the principle of administering justice only by the court. We put forward the position that some of the nor-mative provisions of the Code of Civil Procedure are not the initial, funda-mental ideas of civil procedure law.

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