Порядок приобщения скрытой аудиозаписи в качестве доказательства в гражданском процессе// Humanitarian and Socio-Economic Sciences Journal/ OEAPS Inc., Berlin, Germany, pp. 33-37

2018 ◽  
Author(s):  
Елена Ивановна Голуб
Keyword(s):  
Russian Federation ◽  
Constitutional Courts ◽  
Civil Process ◽  
Audio Recordings ◽  
The Russian Federation

В работе рассматривается вопрос о допустимости скрытых аудиозаписей в качестве доказательств в цивилистическом процессе. Проанализирована практика арбитражных судов и судов общей юрисдикции, рассмотрены позиции Верховного и Конституционного Судов РФ относительно данного вопроса.This article discuss the issue of the admissibility of hidden audio recordings as evidence in a civil process. The practice of arbitration courts and courts of general jurisdiction is analyzed, the positions of the Supreme and Constitutional Courts of the Russian Federation regarding this issue are considered.

SECURING EVIDENCE IN CIVIL PROCEDURE: DEVELOPMENT OF THEORY, LEGISLATIVE AND PRACTICE

2021 ◽  
Vol 11 (5) ◽  
pp. 159-190
Author(s):  
E.I. NOSYREVA ◽  
D.G. FILCHENKO
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Civil Procedure ◽  
Point Of View ◽  
Theoretical Concepts ◽  
Civil Process ◽  
Procedure Code ◽  
Arbitration Procedure ◽  
The Russian Federation ◽  
Assessment Of Evidence

The article presents an analysis of the institution of securing evidence in the civil process from the point of view of the development of its legal regulation, doctrine and practice. The teaching of professor M.K. Treushnikov on the evidence is taken as a basis. Through the prism of his ideas, theoretical concepts of securing evidence are revealed, from prerevolutionary works to modern research; the sequence of the formation of norms on the securing evidence on the example of procedural codes of various periods; trends in the law practice of securing evidence. The correlation of the securing evidence with the elements of the judicial proof is revealed. It is substantiated that the securing evidence includes such elements of the structure of judicial proof as: indication of facts, indication of evidence and preliminary assessment. The end result of the procedural action to secure evidence is the possibility of implementing all subsequent elements – presentation, disclosure, investigation and final assessment of evidence. Conclusions are formulated on the results of the development of the institution of securing evidence, which from rather brief and obvious provisions of procedural legislation, a few practice has turned into an actual procedural activity. Its demand is predicted to grow in the context of digitalization of information, as well as due to the possibility of using it in the framework of arbitration. At the same time, an increase in the number of cases of unfounded appeal of interested parties to actions to secure evidence is noted. The authors support a critical assessment of the rule of the Arbitration Procedure Code of the Russian Federation that the securing evidence is carried out by the arbitration court according to the rules for securing a claim, and a proposal for a unified regulation of this institution in accordance with the rules of the Civil Procedure Code of the Russian Federation.

On the classification of the participants of civil process

2019 ◽  
pp. 224-234
Author(s):  
Aleksandr Fedorovich Voronov
Keyword(s):  
Russian Federation ◽  
Social Phenomena ◽  
Civil Process ◽  
The Status ◽  
Procedural Code ◽  
Judicial Proceedings ◽  
The Russian Federation ◽  
Historical Comparative ◽  
Judicial Procedure

The article is devoted to the classification of participants in civil proceedings, it also touches on some issues of classification of participants in the commercial judicial proceedings and administrative judicial proceedings. Using logical methods of cognition: analysis, synthesis, deduction and induction, General scientific and special scientific methods and techniques knowledge of social phenomena and processes: historical, comparative, system-structural and others, the author concludes that the generally accepted classification of civil process participants is imperfect; based on the study of classification criteria, he proposes to identify new categories of participants in the process, to legislate their rights and obligations, to clarify their names. The author reveals the imperfection of some norms of the Civil Procedural Code of the Russian Federation and Code of Administrative Judicial Procedure of the Russian Federation, justifies the need to change them. The relevance of the research topic is justified by the fact that the new procedural legislation sometimes does not fully take into account the classification of participants in the process, which determines the status of the participant, the scope of his procedural rights and obligations, and this is directly related to the constitutional guarantees of protection of rights, freedoms and interests.

Doctrine “counter-limits” and doctrine “ultra vires” in the context of protection of national constitutional identity

2020 ◽  
Vol 10 (6) ◽  
pp. 98-105
Author(s):  
OLEG Belosludtsev ◽  
Keyword(s):  
Russian Federation ◽  
Theory And Practice ◽  
Constitutional Court ◽  
Constitutional Courts ◽  
Foreign Experience ◽  
Margin Of Appreciation ◽  
The Russian Federation ◽  
The Right ◽  
Constitutional Identity

The  article is  devoted to  the  study of  the  connection between the  doctrine of  constitutional identity with the  doctrine of “counter-limits” and the doctrine of “ultra vires”. All these concepts are applied in the practice of European constitutional courts in cases related to the resolution of conventionally constitutional conflicts. Since the doctrine of “constitutional identity” in domestic theory and practice is in its infancy, in the author’s opinion, it is necessary to take into account the foreign experience of protecting national constitutional identity. And also carefully consider all related concepts, such as the doctrine of counter-limits and the doctrine of “ultra vires”, paying special attention to the topic of their relationship. The author, analyzing the doctrine of “counter-limits” and the doctrine of “ultra vires”, comes to the conclusion that these doctrines, along with other instruments for protecting national constitutional identity (the doctrine of the margin of appreciation), can be used in relation to the dispute between the Constitutional Court of the Russian Federation and the ECHR on “the right of the last word”.

scholarly journals Class Proceedings and Loss of the Right to a Separate Claim in an Arbitration Procedure

2020 ◽  
Vol 11 ◽  
pp. 55-57
Author(s):  
Vladislav Yu. Silchenko ◽  
Keyword(s):  
Russian Federation ◽  
Third Party ◽  
Civil Process ◽  
Procedural Code ◽  
Arbitration Procedure ◽  
The Subject ◽  
The Russian Federation ◽  
The Right

The article provides an assessment of the reform of group production in the civil process of Russia. The author criticizes the norms of the Arbitration Procedural Code of the Russian Federation, by virtue of which a member of a group who refused to participate in a group proceeding, as well as a third party who claims independent claims regarding the subject of a dispute in a group proceeding, lose the opportunity to go to court with an independent claim at the request with which they could enter into group proceeding.

scholarly journals THE SPECIFICS OF EXTREMIST-TERRORIST TEXTS (ON THE MATERIAL OF THE AUDIO RECORDINGS OF THE “GUIDE TO THE ISLAMIC STATE” CHANNEL, BANNED ON THE TERRITORY OF THE RUSSIAN FEDERATION)

2021 ◽  
Vol 31 (6) ◽  
pp. 1351-1357
Author(s):  
R.Yu. Khmara
Keyword(s):  
Russian Federation ◽  
Speech Acts ◽  
Current Problem ◽  
Islamic State ◽  
Audio Recordings ◽  
The Russian Federation

The article is devoted to the current problem of verbal extremism. The purpose of the study is to analyze the concept of verbal extremism and its manifestation in texts of extremist-terrorist orientation. The peculiarities of the texts of extremist-terrorist orientation are due to the fact that this discourse is characterized by internal and external precedence. The scientific novelty lies in the study of verbal extremism on the material of the audio recordings of the "Guide to the Islamic State" channel. As a result, the author identifies and characterizes the types of extremist speech acts.

The Impact of E. V. Vaskovskiy’s Ideas on Modern Institutes of Review of Civil Court Rulings

2016 ◽  
Vol 4 (6) ◽  
pp. 0-0
Author(s):  
Рафаиль Шакирьянов ◽  
Rafail Shakiryanov
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Civil Process ◽  
Civil Court ◽  
The Russian Federation ◽  
The Impact

The article reveals the impact of the ideas of E. V. Vaskovskiy (1866—1942), the classic author of the Russian civil law and process, on modern institutes of review of civil court rulings in the Russian Federation. The article points out at the topicality of the scientist’s views on such fundamental principles of a civil process as equality of participants, oral and written proceedings, the principle of two instances in modern interpretation of the civil jurisprudence.

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