Towarzystwo sporu – przypadek współuczestnictwa specjalnego w sprawie o uzgodnienie treści księgi wieczystej z rzeczywistym stanem prawnym

2018 ◽  
Vol 75 ◽  
pp. 69-92
Author(s):  
Jacek Gudowski
Keyword(s):  
Legal Status ◽  
Civil Procedure ◽  
Civil Process ◽  
Civil Proceedings ◽  
Special Case ◽  
Synthetic Form

The author presents in a synthetic form the development of institutions of procedural joint participation, starting from the Roman civil process, with particular reference to the regulations contained in the code of civil procedure of 1930 and 1964. He focuses on the contemporary model of joint participation, discussing its types and manifestations. He proves that in addition to the types of participation regulated in the Code of Civil Procedure, there is also a place in the Polish civil proceedings for its other manifestations, including joint special unnamed joint participation, resulting from the „nature of things” or from the essence of a procedural claim submitted for judgment. He points out that a special case of special procedural joint participation appears in the case for reconciliation of the contents of the land and mortgage register with the actual legal status.

Foreign experience in prosecutor's participation institution development in Kazakhstan civil procedure

2021 ◽  
pp. 1023263X2110553
Author(s):  
Adil Ye Alibekov
Keyword(s):  
Legal Status ◽  
System Analysis ◽  
Civil Procedure ◽  
Practical Significance ◽  
Scientific Methods ◽  
Foreign Experience ◽  
Civil Process ◽  
Civil Proceedings ◽  
Analysis And Synthesis ◽  
General Scientific

The question of the purpose and functions of the participation of the prosecutor in the civil process is relevant, since the idea of them helps to increase the efficiency of his activities. This article is devoted to a comprehensive study of the possibility of applying foreign experience in the prosecutor's participation in institution development in Kazakhstan civil procedure. The article used both general scientific methods of cognition – logical, analysis, and synthesis – and private scientific methods – formal legal, system analysis. It analysed the various points of view on the issue of the legal status and functions of the participation of the prosecutor in the civil process. The scientific novelty is determined by the fact that functions describe the procedural status of the subjects of civil procedure, allowing the streamlining of the multilateral procedural activities of state bodies, officials and other persons involved in civil proceedings. The practical significance of the study is determined by the fact that its results can be used for in-depth research of the functions of the prosecutor in civil proceedings.

Transformation of Fundamental Origins of Civil Procedure Law in Terms of Digitization of Justice in Civil Cases

2020 ◽  
Vol 10 ◽  
pp. 42-45
Author(s):  
Yulia A. Lukonina ◽  
Keyword(s):  
Technical Progress ◽  
Judicial Independence ◽  
Legal Regulation ◽  
Civil Procedure ◽  
Point Of View ◽  
Judicial System ◽  
Civil Process ◽  
Procedural Law ◽  
Civil Proceedings ◽  
The Subject

The article reveals the main trends in the modernization of the civil procedural law principles in the context of the civil process digitalization. From the point of view of introducing the latest digital innovations into the civil process, the guidelines of the branch of the law are analyzed, the conclusions are drawn about the transformation of the legal regulation key areas. It is raised the problem of the procedural and legal collisions between the introduction of technical progress tools into the judicial system, its reflection in the regulatory framework of the state and the application in the legal work of judicial structures and practicing procedural specialists. Taking as a basis the differentiation of the civil procedural law principles by the subject of regulation, the author examines various legal configurations that have appeared in the judicial system as a result of the digitalization of procedural relations of participants in civil proceedings, starting depending on the degree of impact of digitalization. The article highlights the main aspects of the implementation of the principle of the publicity of proceedings, the corresponding principles of openness, publicity, accessibility, transparency and judicial transparency, between which a parallel is drawn. In terms of digitalization the author touches upon the principles of the judicial independence, competition, equality of parties and discretion, thereby coming to the conclusion about digital modernization of the main provisions and ideas that express the essence of civil procedural law, while maintaining the traditional positions characteristic of the Russian judicial system.

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.

CIVIL PROCEEDINGS WITH FOREIGN PARTICIPANTS IN CHINA

2020 ◽  
Author(s):  
Wang Wei ◽  
Ekaterina Rusakova ◽  
Andrei Zimakov
Keyword(s):  
International Organizations ◽  
Legal Status ◽  
Civil Procedure ◽  
Development History ◽  
Civil Proceedings ◽  
History Of ◽  
Recognition And Enforcement ◽  
Judicial Assistance

This article considers the civil procedural legislation of the China, legal status of foreigners, jurisdiction of Chinese courts, and examines the recognition and enforcement of foreign judgments in civil and commercial matters on the territory of China. In order to achieve the above research objectives, we have identified the following research tasks: to summarize the development history of China's legislation related to civil proceedings with foreign participants, especially the changes in the Civil Procedure Law in several amendments; to determine the legal status of foreigners in civil proceedings and the scope of jurisdiction of Chinese courts over civil proceedings with foreign participants; to analyse treaties about judicial assistance signed between China and other countries or international organizations, especially those relating to recognition and enforcement of foreign judgments in civil and commercial matters on the territory of China

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 Model zażalenia w świetle nowelizacji Kodeksu postępowania cywilnego z 4 lipca 2019 r.

2020 ◽  
Vol 29 ◽  
pp. 136-149
Author(s):  
Anna Kościółek ◽  
Keyword(s):  
Legal Status ◽  
Civil Procedure ◽  
The Other ◽  
Similar Solution ◽  
Court Decisions ◽  
Other Hand ◽  
Civil Proceedings ◽  
Legislative Changes

The following paper includes an analysis of the model of a complaint in the polish civil proceedings. This issue is discussed especially in the light of essential legislative changes introduced by the Act of 4 July 2019 amending the Act – the Code of Civil Procedure and some other acts. These changes fundamentally altered the model for reviewing court decisions in incidental matters, which are not conclusive for the entire proceedings. The Act, in particular, significantly limited the catalogue of decisions of courts of first instance which can be appealed againts to the court of second instance, reshaping this particular model of control into an exception to the simultaneously introduced principle of examining a complaint by different judges of the same court. On the other hand, the act expanded the scope of decisions of courts of second instance which are examined by different judges of the same court. A similar solution was introduced also in in the enforcement proceedings. Therefore, in the current legal status, majority of incidental decisions in civil proceedings has been covered by the so called horizontal complaint. In consequence, a complaint lost its devolutive nature and thus ceased to be an appelate messure.

scholarly journals Peculiarities of Representation in Civil Proceedings

2019 ◽  
Vol 85 (2) ◽  
pp. 44-55
Author(s):  
K. R. Rezvorovych
Keyword(s):  
System Analysis ◽  
Civil Procedure ◽  
Practical Significance ◽  
Systematic Analysis ◽  
Legal Personality ◽  
Civil Process ◽  
Procedure Code ◽  
Civil Proceedings ◽  
The Subject

The thesis was devoted to the research of the peculiarities of representation in the civil process. The main objective of this thesis is the determination of the peculiarities of legal adjusting for the representation in the civil process. Methodological basis of the thesis consisted of such methods as: formal-logical, system analysis, dialectical and hermeneutical. The relevance of this thesis is evidenced in particular by there that was disclosed such facts as: the content of the institute of representation in civil law and civil process doctrine; the circle of persons who can be representatives in civil procedure. It was made a systematic analysis of the provisions of the Civil Procedure Code (CPC) of Ukraine on the subject of the implementation of the representation of individuals in civil proceedings. There were investigated the problems of restricting the circle of persons who can be representatives in civil proceedings. The analysis of standing and its confirmation by various persons who can carry out representation in civil proceedings was done. According to the results of the research, it was established that modern CPC of Ukraine does not determine the essence of relations between representatives and persons whose interests they realize. The mainstreaming and law-governing influence is mainly related to the legal personality of the representatives, their procedural status. It was also determined the range of duties and rights of representatives within the civil legal process. In addition, it was proved that the modern CPC of Ukraine is being introduced in the state, in fact, a monopoly on the representation of the parties by a lawyer in the courts, in the civil process, but leaves the possibility of realizing the relations of representation between an individual and another person who does not have the lawyer status, who ruled only in, such cold as, minor affairs. Thus, the practical significance of the conclusions reached was aimed primarily at the theoretical and methodological plane to continue the reform of the institution of representation in the civil process, as well as in the practical activities of representatives in the context of expanding the opportunities for individuals to exercise their procedure’s rights.

scholarly journals Statute of civil proceedings of 1864: history of adoption, main provisions and its impact on the Ukrainian provinces

2020 ◽  
Vol 4 (4) ◽  
pp. 95-100
Author(s):  
Oleksandra Nestertsova-Sobakar
Keyword(s):  
Civil Procedure ◽  
Radical Reform ◽  
Civil Process ◽  
French Experience ◽  
Civil Proceedings ◽  
Four Books ◽  
History Of ◽  
The Russian Empire ◽  
First Time ◽  
Competitive Nature

The article deals with the main factors that caused the authorities to take the steps of fundamental changes in the civil procedural legislation of the Russian Empire. It has been pointed out that in the 1840s, Nicolas I paid attention to the problems, and in 1848 issued a resolution demanding the creation of a special institution for drafting amendments to the legislation. The study highlights the process of drafting and preparing project of the law. It is noted that the French experience (Code of 1806), as well as the achievements of Austria and Prussia in the field of civil process, were used in the drafting of the Statute, which at that time scientists critically and analytically worked on foreign regulations. It is stated that the authorities rejected the idea of changing the existing system of civil procedural legislation and decided to implement a radical reform. It is said that the experts identified and grouped the major shortcomings that led to the unsatisfactory state of civil proceedings (25 points in total), and highlighted the main progressive and necessary provisions that were included in the new Civil Procedure Statute (competitive nature of the process, publicity streamlining the effective vertical of the courts, introducing the concept of a jury). Due to the reform of 1864, civil justice was separated from criminal justice. The structure of the Statute of Civil Procedure (general provisions, four books, totaling 1460 articles) is also covered. The article deals with the differences in the implementation of the Charter (simultaneous or phased implementation). The question of the extension of the force of law in the territory of the Ukrainian provinces is raised (in 1868 the Charter came into force in Kharkiv for the first time in Ukrainian lands and later in the South and Right-Bank Ukraine).

scholarly journals HISTORICAL AND LEGAL ASPECTS OF BODY STATE BODIES AS PARTICIPANTS IN CIVIL JUDICES

2019 ◽  
pp. 8-12
Author(s):  
K. R. Dobkina
Keyword(s):  
Legal Status ◽  
Complex Analysis ◽  
Legal Aspects ◽  
Public Prosecutor ◽  
Scientific Article ◽  
Civil Process ◽  
Stage Of Development ◽  
Civil Proceedings ◽  
Wide Range ◽  
The Russian Empire

The scientific article is devoted to the study of the historical and legal aspects of the formation of the prosecution bodies as participants in civil proceedings. Taking into account the complex analysis, it was determined that Peter I in the Russian Empire was the first state-created supervisory body that represented the prosecution bodies. It was the duty of the Fiscals to secretly report all crimes of non-compliance with bills, bribery, theft from treasury and, in general, all circumstances in national cases in which there is no petitioner. All fiscal reports could be made directly and directly even to the sovereign himself. Carrying out a comprehensive analysis of the subject matter of the study, the author proposed as the first stage of the development of the procedural status of the prosecutor in civil proceedings to allocate the time period from the formation of the prosecutor’s office in 1722 to the provincial reform of 1775. Because, that is when the Institute of Public Prosecutor Supervision emerges and becomes, both in its entirety and in some of its directions, including ensuring the participation of the prosecutor in the civil process. There were objective prerequisites for the appearance of the prosecutor’s office, since the activities of the fiscal service and other officials in the field of state oversight ceased to meet the requirements set by Peter I and ensure the fulfillment of the tasks set. At the same time, the basic principles of building the supervisory bodies that preceded the establishment of the prosecutor’s office, including state guarantees of independence, a wide range of powers, material incentives, were important and were used in the formation of the new supervisory body. As it is established, the duties of the prosecutor in the settlement of civil disputes by the time of the reign of Peter I were limited only to the observation of the activity of court places. The Prosecutor’s Office acted solely as a supervisory authority, mainly in the case management, which was not endowed with any independent procedural powers. However, in the future, the scope of civil prosecutorial powers of the prosecutor was expanded: he was able to attend court sessions, study civil cases, receive necessary documents for supervisory activity, respond to identified violations, including in the interests of rights and interest’s persons. The main areas of activity of the prosecutor in civil proceedings at the first stage of development of his legal status were identified and systematized. They received their legal support and expressed themselves in ensuring the legality and validity of court orders, as well as overseeing the proper and timely consideration of cases in the courts.

scholarly journals ON THE ISSUE OF INSTITUTIONS OF INTERNATIONAL CIVIL PROCEDURE

2020 ◽  
pp. 37-40
Author(s):  
Ирина Александровна Крусс
Keyword(s):  
Legal Status ◽  
Civil Procedure ◽  
Court Decisions ◽  
Civil Proceedings ◽  
Recognition And Enforcement ◽  
Court Orders

В статье исследуются институты международного гражданского процесса. Определение правового положения иностранных лиц в российском гражданском процессе, установление подсудности по делам, осложненным иностранным элементом, проблемы исполнения судебных поручений иностранных судов и признания и приведения в исполнение иностранных судебных решений, решении арбитражей - вопросы, которые не перестают быть актуальными в настоящее время. The article examines the institutions of international civil procedure. Questions of the legal status of foreign persons in Russian civil proceedings, regarding the determination of jurisdiction in cases complicated by a foreign element, the procedure for executing court orders of foreign courts and the recognition and enforcement of foreign court decisions do not cease to be relevant.

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