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.

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.

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 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.

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.

scholarly journals Certain features of using of the "estoppel" doctrine in civil proceedings of the Russian Federation

2019 ◽  
pp. 167-171
Author(s):  
Anna V. Ivkova ◽  
Yelizaveta S. Krotova
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Civil Law ◽  
Civil Procedure ◽  
The State ◽  
Good Faith ◽  
Procedure Code ◽  
Civil Proceedings ◽  
The Russian Federation

The "estoppel" concept and the issues of applying the "estoppel" rule in international law and Russian civil law are considered in this paper. Procedural legislation novels stipulated in the Concept of the Unified Civil Procedure Code of the Russian Federation, approved by the Committee on Civil, Criminal, Arbitration and Procedural Legislation of the State Duma of the Federal Assembly of the Russian Federation on December 8, 2014, are noted here. The authors propose amendments to the civil procedural legislation, which will allow to apply the "estoppel" rule in civil proceedings. Particularly the authors propose to supplement Article 12 of the Civil Procedure Code of the Russian Federation with part 3, including in it the obligation of the party to act in good faith in the exercise and protection of their rights and obligations. The authors indicate what exactly should be understood as unfair behaviour in this context.

scholarly journals The Meaning of Pleadings of the Parties and Third Persons in the Delivery of a Legitimate and Substantiated Judgment in Civil Proceedings

2021 ◽  
Vol 1 ◽  
pp. 34-37
Author(s):  
Natalya N. Tkacheva ◽  
Keyword(s):  
Russian Federation ◽  
Civil Procedure ◽  
Third Parties ◽  
Important Condition ◽  
Procedure Code ◽  
Forensic Examination ◽  
Civil Proceedings ◽  
The Russian Federation ◽  
Rights And Interests ◽  
The Right

Justice in the Russian Federation is carried out according to the rules established by the civil procedure code of the Russian Federation. As the primary and most important condition of justice and a guarantee of protection of the rights and interests of interested persons, by making a legal and justified decision, the need for the court to establish the actual circumstances of the case is highlighted. The means by which the court is able to reconstruct the picture of what happened include evidence, that is, the evidence of a crime. information obtained by legal means about the facts by which the court can determine the presence or absence of circumstances justifying the position of the parties, as well as other circumstances. Explanations of the parties and third parties are mandatory and primary evidence in civil proceedings. Whether the party’s position is true and justified, and how other means of proof, such as the results of a forensic examination, or testimony, relate to the party’s explanations, will determine the outcome of the dispute in court and, accordingly, the satisfaction or refusal to satisfy the claims. Abuse of the right to appeal to the court, as well as lying in court is an unacceptable, so one of the tasks of the court is to properly consider the case by establishing all the circumstances of the case, including the explanation of the parties and third parties, in order to protect the violated or disputed right.

Commentary to the Civil Procedure Code of the Russian Federation (continuation)

2017 ◽  
Vol 7 (2) ◽  
pp. 73-111
Author(s):  
M.R. Zagidullin ◽  
◽  
I.V. IReshetnikova ◽  
R.B. Sitdikov ◽  
◽  
...  
Keyword(s):  
Russian Federation ◽  
Civil Procedure ◽  
Procedure Code ◽  
The Russian Federation

Evidence and Proof in Civil and Administrative Proceedings: Comparative Legal Analysis

2020 ◽  
Vol 4 ◽  
pp. 72-76
Author(s):  
Yu. R. Sirazitdinova ◽  
Keyword(s):  
Russian Federation ◽  
Civil Procedure ◽  
Legal Analysis ◽  
The Russian Federation ◽  
Administrative Proceedings ◽  
Evidence And Proof

By comparing the article, some questions of proof and evidence are examined in the Code of Civil Procedure of the Russian Federation, agribusiness of the Russian Federation, CAS of the Russian Federation. An attempt has been made to develop proposals for amending Articles 62 and 122 of the CAS RF.

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