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Courier of Kutafin Moscow State Law University (MSAL))

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No 3 (2017)
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ПИСЬМО К ЗАКОНОДАТЕЛЮ

26-33 356
Abstract
The article demonstrates that abolition of the Supreme Arbitration Court of the Russian Federation by no means implies that it is necessary to adopt the uniform Civil Procedure Code of the Russian Federation instead of the Civil Procedure Code (CPC) and Arbitration Procedure Code (APC) of the Russian Federation; arguments are made to show the inadequacy of the very idea of such a code. The author calls attention to the Administrative Court Proceedings Code of the Russian Federation as an example of unsuccessful procedure codification.
34-40 373
Abstract
This article analyzes recent amendments to the Commercial Procedure Code of the Russian Federation, which prescribe the regulation of warrant proceedings, newish for commercial procedure. The author has found that only several formal amendments have positive effect, but the major changes are wrong.

ВЕКТОР ЮРИДИЧЕСКОЙ НАУКИ. ОТДЕЛЬНЫЕ ПРОБЛЕМЫ ГРАЖДАНСКОГО ПРОЦЕССУАЛЬНОГО ПРАВА

41-46 226
Abstract
In article the issues of the compositionс and rights of persons taking part in the case according the Code of Administrative Procedure are considered. Attention is paid to the special features of the replacement of an improper defendant, to the certain provisions of the succession of choices in action.
47-58 425
Abstract
The article discusses some of the problems associated with the identity of the judicial representative. In particular, how the requirement of higher legal education to a representative on the Code of administrative procedure is justified, and whether to extend it to civil and arbitration process. Taking into account the position of the Supreme Court recently considered the case the question of whether a legal entity to be a representative in a court raises. It ascertains the circle of persons who cannot be representatives in court.
59-71 436
Abstract
In this article the controversial issue of the legal nature of excitement of a civil case in court of law is considered. As a result of the conducted research the conclusion is drawn that initiation of proceedings - not an independent stage, but a stage of civil process. The specified circumstance allows to determine more precisely value of this part of structure of production by a civil case in court of the first instance.
72-79 242
Abstract
The article examines the question of unification of contemporary procedural law as an example of one of the legal institutions. In particular, for the study of elected institutions to court, investigated the problem of the use of the prerequisites of the right to bring an action as a basis for rejecting the claim (administrative statement of claim). It is concluded that, overall, the changes and additions to the arbitration procedure law are progressive and meet the general tezam unification enshrined in the concept of a single Procedure Code, as opposed to administrative proceedings, which on a number of grounds for refusal confesses that idea, according to which certain disputes of administrative relations, as it were, get their permission at the stage of an administrative claim court of general jurisdiction.
80-87 294
Abstract
In article some questions of application of the administrative procedural legislation in case of the solution of questions of initiation of production on administrative cases about hospitalization of the citizen in the medical organization giving mental health services in stationary conditions are analyzed, in an involuntary order, and about prolongation of term of hospitalization in an involuntary order. Questions of jurisdiction, cognizance of this category of affairs, circulation period in court, the right to appeal to the court, an order of appeal to the court on such affairs, the contents of the administrative action for declaration, documents attached to it, consequences of violation of an order of appeal to the court and the admittance card of term on appeals to the court and others are considered.
88-93 252
Abstract
The article discusses ways of encouraging the debtor to voluntary performance; the practice of the bailiff service of the organization of independent execution by the debtor of documents.

ВЗГЛЯД НА ПРОБЛЕМУ

94-106 203
Abstract
The article analyzes certain provisions of Federal Law No. 230-FZ dd. December 3,2012, “On Control of the Correspondence between Expenses of Persons Holding Public Positions (and Other Persons) and their Revenues” and the practice of its application. It is concluded that anti-corruption legislation and its application practice require further improvement.

FOREIGN EXPERIENCE

107-113 319
Abstract
The article is dedicated to a research on a procedural institution of conciliation between the parties employed in the civil process of the French Republic as performed by the Judicial Conciliator. The author undertakes an in-depth analysis of the issues pertaining to the legal status of the Judicial Conciliator, including the requirements to this judicial authority, procedure of appointment of the Judicial Conciliator and termination of his authorities, his main rights and obligations. Aside of that, the article contemplates basic legal regulations covering the procedure of the judicial conciliation and the procedural formalization of its outcome, as well as special provisions, which regulate the institution of the Judicial Conciliation.
114-123 259
Abstract
Review. The article reveals the contents of the reform of family Justice carried out in England, analyzes the new procedural legislation governing the consideration of family cases, deals with characteristic of such cases and their classification, and describes the procedure of non-court dispute resolution.
124-129 193
Abstract
The Author discussed the selected separate non-auction modes of sale of chattels with specific characteristics that require particular diligence from the enforcement authority. Examples discussed in the paper are chattels of historical or artistic value and articles made of gold and platinum. The basic assumption of these solutions is to ensure the sale with the participation of specialized entities which are supposed to guarantee not only the protection of the interests of the debtor and creditor in the enforcement proceedings, but also the protection of chattels against any destruction, damage or improper handling, and in the case of chattels made of precious metals - also the role of the warranty associated with the quality of the precious metal.

ОТДЕЛЬНЫЕ ВОПРОСЫ СУДЕБНОЙ ПРАКТИКИ

130-137 187
Abstract
In article the issue of determination competent (authorized by the law) vessels, the correct qualification of nature of the challenged legal acts and the choice of a proper procedural order of legal proceeding on cases of contest of decisions of local government bodies is touched.

TRIBUNE FOR YOUNG SCIENTIST

138-143 308
Abstract
An article is highlights questions of concern recognition of limited legal capacity of citizens, who due to a mental disorder can understand the significance of their actions or control them by means of others. The author notes the absence in the Civil Procedure Code of the Russian Federation of norms that would regulate the procedure for dealing with this category of cases.

PEN TEST

144-147 295
Abstract
Preview. The author of this article tackles the problem of the determination of the legal position of a representative among the other participants of civil and administrative procedure. The author concludes that a representative is not a person who takes part in the case. A representative doesn’t promote justice. The author analyses the provisions of the applicable legislation and the fundamental theoretical provisions of the procedural statuses of the participants of civil and administrative procedure.
148-152 266
Abstract
Preview. The issue of mandatory representation in administrative court procedure enshrined in recently accepted Code of administrative procedure is raised in this article. The opinions of the Federal Chamber of Lawyers of the Russian Federation, of Constitutional court of The Russian Federation are presented. The authors consider problems arising in the implementation of the institution of mandatory representation in practice, in particular the correlation with right to judicial protection which is fixed in The Constitution of Russian Federation. As a result of the conducted research the conclusion is drawn that mandatory representation is unreasonable, the opinion on the necessity of recognition of the relevant provisions of the Code of administrative procedure of mandatory representation unconstitutional is expressed.
153-156 207
Abstract
This article discusses the feasibility of the reception advocate’s monopoly institute in the Russian procedural law. The author analyzes the foreign experience in regulating the relevant legal mechanisms, which served as the basis for such implementation in the Russian civil process. The study concludes that there is insufficient reason to consolidate the institute of compulsory legal representation in the domestic legislation.

LAW IN HISTORICAL INTERPRETATION

160-171 274
Abstract
The article raises the issue of public interest concept as understood by E. V. Vas'kovsky. In particular, it is demonstrated that the scientist proceeded from an idea that such a phenomenon as law exists within social benefit. He associated development of many institutions of law specifically with social needs. The article also provides insight into certain aspects of how E. V. Vas'kovsky interpreted the social meaning of various civil law institutions, as well as different restrictions of legal rights to the shared benefit. It is shown that the scientist believed that court activities related to justice administration are of particular social importance. It is also underlined that E. V. Va'skovsky did not equate public and state interests. The author's reflections on E. V. Vas'kovsky views and the relevance of his ideas to date are also provided.

ИЗ ПЕРИОДИКИ ПРОШЛОГО

ПОСТСКРИПТУМ. КРАТКО О ГЛАВНОМ

УКАЗЫ РЕДКИЕ: ЗАБАВНЫЕ И НЕ ОЧЕНЬ...

ПРОЦЕССУАЛИСТЫ НЕ О ГРАЖДАНСКОМ ПРОЦЕССЕ

220-235 437
Abstract
Over a period of several centuries historians and ordinary Russian citizens have been thrilled by a mysterious story of the death of an 8-year-old tsarevich (prince) Dimitry, the younger son of Ivan the Terrible. This trag edy took place on May 15,1591, in a small town of Uglich. The circumstances of the tsarevich’s death were investigated by a committee sent by Boris Godunov. The unique “search (investigation) case» of this death has survived. According to the overwhelming majority of the case files, the tsarevich was an accident victim and stabbed himself with a knife during an epileptic seizure. However, the case files have also kept certain remains of a different version - that the tsarevich was murdered by people sent by Godunov. The opinions of historians have divided; the opinion of N.M. Karamzin who believed that Dimitry had been murdered was shared by A.S. Pushkin in his famous drama “Boris Godunov». In fact, this point of view has become canonical. However, the management of the Moscow Kremlin Museums has tried to challenge this version and rehabilitate Godunov within the framework of a specially organized exhibition. The author of this article aims at disproving this version based on the analysis of the “search case» and some other files.


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ISSN 2311-5998 (Print)
ISSN 2782-6163 (Online)