Documents and other Materials as Written Evidence in a Civil Proceeding

The study investigates the current problems of judicial and extra-judicial conciliation procedures (alternative ways of resolving civil disputes) in states that have just started implementing such a procedural tool. Despite the fact that the term "conciliation procedures” is actively used in the science of civil procedure, this category is rather vague in countries that are just beginning to apply judicial conciliation in parallel with other conciliation procedures. Priority attention is focused on practical, legislative, and scientific problems of applying this procedural tool for rapid resolution of legal conflicts in Ukraine, as a state that only in 2017 (and in fact since the beginning of 2018) introduced this legal innovation. The purpose of the study is to elaborate on the legal nature and correlation between judicial conciliation (settlement of civil disputes with the participation of a judge under Ukrainian legislation) and alternative ways of resolving civil disputes. The study is based on several scientific methods that have identified the logic and general direction of knowledge of the problem of judicial conciliation. In particular, to determine the legal nature, essence, criteria of correlation, and delimitation of alternative dispute resolution and judicial conciliation, the study used the dialectical scientific cognition method. The study engages in a comparative study of the statutory regulation of similar procedures in the Russian Federation and Belarus legislation. It is concluded that alternative dispute resolution and judicial conciliation are closely interrelated and, depending on their types, can sometimes manifest themselves as synonymous categories or institutions of law.

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Kontradyktoryjność i inkwizycyjność w europejskiej procedurze cywilnej XIX i XX wieku

Czasopismo Prawno-Historyczne ◽

10.14746/cph.2013.65.2.05 ◽

2018 ◽

Vol 65 (2) ◽

pp. 123-144

Author(s):

Anna Stawarska-Rippel

Keyword(s):

Common Law ◽

Cost Effective ◽

Civil Procedure ◽

Eastern Bloc ◽

European Convention ◽

Law System ◽

Civil Process ◽

Political Transformations ◽

Civil Proceeding ◽

The Individual

Socialisation of private law in the second half of the 19th century brought about a new approach to a civil process and its purpose. The main characteristics of the evolution of the civil procedure in the 19th and 20th centuries was limited autonomy of the parties to a process. This limitation was introduced to ensure fair, expedient and cost-effective judgment. A tendency to replace the principle of an adversarial trial with elements of an inquisitorial trial was observed in civil law as well as common law systems. Relevant changes were fi rst made in the Franz Klein Austrian code of civil procedure, followed by departures from the formal truth in the civil process implemented in the system in Germany, Hungary, the Swiss cantons of Zurich and Bern, in Poland, and later, in the second half of the 20th century, also in France. In the common law system, the reform of 1999 ascertained judges a number of discretionary powers to help them establish the facts in a civil proceeding. Those changes added the public element in the civil procedure, but the very idea of a private process and the protection of private interests has been maintained. The totalitarian regimes which emerged in some European states considerably distorted the process of shaping the relationship between the state and the individual. In the socialist civil proceeding, the principle ne eat iudex ultra petita partium was replaced with ex offi cio ultra petita, which was a novelty characteristic of the civil procedure of totalitarian states. The departure from an adversarial principle in the socialist civil process was not much different from the general tendencies observed in the civil procedure in West European states. After the political transformations and change of the regime, former states of the Eastern Bloc sought to signifi cantly increase the autonomy of the parties in a civil process. However, as experience of the Western European states shows, certain public elements must be taken into account in a civil procedure if the European Convention on Human Rights is to be observed.

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The Concept of an Improper Defendant in a Civil Proceeding and theConditions Under Which it can be Replaced

International Journal of Social Science and Human Research ◽

10.47191/ijsshr/v4-i9-20 ◽

2021 ◽

Vol 04 (09) ◽

Author(s):

Olimjon Khamitovich Ismoilov ◽

Keyword(s):

National Legislation ◽

Civil Process ◽

Legal Literature ◽

Foreign Countries ◽

Civil Proceedings ◽

Civil Proceeding

The article analyzes the concept of an inappropriate defendant in a civil process, and the conditions for their replacement, its features, approaches expressed in the legal literature on this issue, as well as the legislative experience of foreign countries. As a result of the analysis, proposals were made to improve the national legislation defining the concept of an inappropriate defendant in civil proceedings and the procedure for their replacement..

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LEGAL NATURE OF AGREEMENTS ON THE PAYMENT OF ALIMONY: PROBLEMS OF SUBSTANTIVE AND PROCEDURAL LAW

Sociopolitical sciences ◽

10.33693/2223-0092-2020-10-4-111-117 ◽

2020 ◽

Vol 10 (4) ◽

pp. 111-117

Author(s):

NATALIA LETOVA ◽

Keyword(s):

Russian Federation ◽

Child Support ◽

Family Relations ◽

Effective Interaction ◽

Civil Law ◽

Social Consequences ◽

Theoretical Problem ◽

Civil Process ◽

Legal Nature ◽

The Russian Federation

Task. The authors of the article set themselves the task of analyzing the specifics of the agreements on the payment of alimony and the procedural features of such cases. Model. To solve such a theoretical problem, it is necessary to investigate the legal nature of child support agreements as a type of bilateral transaction. Findings. The agreements on the payment of alimony differ in their ambiguous legal nature and require proper regulation in the norms of the current legislation of the Russian Federation. The scope of the study. Limited by relations in the field of family, civil law, civil process of the Russian Federation. Practical value. The identification of the nature and specific features of agreements in the field of family relations will not only enrich the theory of family law, but also create a basis for the formation of the practice of considering cases of alimony, and formulate general measures aimed at developing effective mechanisms to protect the property interests of participants in family relations. Social consequences. Determining the specifics of family agreements will allow us to establish the relationship and interdependence of the norms of the family, civil type and norms of the civil process, which will ensure their effective interaction in practice. Originality, value. A systematic study and study of the features of alimony agreements will allow them to be separated from other types of civil law transactions, identify common problems in collecting alimony and proper fulfillment of alimony obligations that impede the proper satisfaction of the basic needs of all family members. An analysis of the norms of the legislation of the Russian Federation allows us to identify additional opportunities and new ways to properly enforce court decisions on alimony.

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