Pub Date : 2021-04-08DOI: 10.18572/1812-383x-2021-4-50-55
N. S. Zvyagina
This article is devoted to the problem of managing procedural risks in the civil process. As part of the research, the author considers the possibilities of risk management through timely execution of procedural actions. The work concludes that a full understanding of stakeholders of relationship between performed with the omission of the procedural term actions and probability of adverse consequences (risk) will contribute to improved accountability of stakeholders, and will have a positive impact on minimizing procedural risk in civil proceedings. The article contains proposals for reforming the current procedural legislation.
{"title":"Timeliness of Performance of Procedural Actions as a Risk Management Mechanism in Civil Proceedings","authors":"N. S. Zvyagina","doi":"10.18572/1812-383x-2021-4-50-55","DOIUrl":"https://doi.org/10.18572/1812-383x-2021-4-50-55","url":null,"abstract":"This article is devoted to the problem of managing procedural risks in the civil process. As part of the research, the author considers the possibilities of risk management through timely execution of procedural actions. The work concludes that a full understanding of stakeholders of relationship between performed with the omission of the procedural term actions and probability of adverse consequences (risk) will contribute to improved accountability of stakeholders, and will have a positive impact on minimizing procedural risk in civil proceedings. The article contains proposals for reforming the current procedural legislation.","PeriodicalId":254727,"journal":{"name":"Arbitrazh-Civil Procedure","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130041410","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-08DOI: 10.18572/1812-383x-2021-4-45-49
S. Kurochkin
The problem of timeliness and effectiveness of judicial protection is still actual. Procedural deadlines can be a means of ensuring the effectiveness of civil litigation. Their use requires the selection of optimal means of legal influence on procedural relations, the formation of conditions and incentives, which implementation will increase the effectiveness and ensure the timeliness of civil procedure.
{"title":"Procedural Terms as Means of Ensuring Efficiency of Civil Proceedings: In Search of the Optimal Legal Impact","authors":"S. Kurochkin","doi":"10.18572/1812-383x-2021-4-45-49","DOIUrl":"https://doi.org/10.18572/1812-383x-2021-4-45-49","url":null,"abstract":"The problem of timeliness and effectiveness of judicial protection is still actual. Procedural deadlines can be a means of ensuring the effectiveness of civil litigation. Their use requires the selection of optimal means of legal influence on procedural relations, the formation of conditions and incentives, which implementation will increase the effectiveness and ensure the timeliness of civil procedure.","PeriodicalId":254727,"journal":{"name":"Arbitrazh-Civil Procedure","volume":"715 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115126798","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-08DOI: 10.18572/1812-383x-2021-4-3-7
M. N. Zarubina
In this article the author analyzes the problems that might arise with implementation of the general legal principles in the civil process. The point is made about the enormous social role of these principles and their special influence on the development of the entire procedural legislation. Based on the research of modern scholars, as well as the conclusions of judicial practice, signs of general legal principles are proposed: universality, normativity, imperative, discretion and temporality. Of particular importance for civil and administrative legal proceedings, according to the author, are such general legal principles as democracy, humanism, legality, equality and justice.
{"title":"The Social Role of General Legal Principles in the Modern Civil Procedure","authors":"M. N. Zarubina","doi":"10.18572/1812-383x-2021-4-3-7","DOIUrl":"https://doi.org/10.18572/1812-383x-2021-4-3-7","url":null,"abstract":"In this article the author analyzes the problems that might arise with implementation of the general legal principles in the civil process. The point is made about the enormous social role of these principles and their special influence on the development of the entire procedural legislation. Based on the research of modern scholars, as well as the conclusions of judicial practice, signs of general legal principles are proposed: universality, normativity, imperative, discretion and temporality. Of particular importance for civil and administrative legal proceedings, according to the author, are such general legal principles as democracy, humanism, legality, equality and justice.","PeriodicalId":254727,"journal":{"name":"Arbitrazh-Civil Procedure","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125143575","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-08DOI: 10.18572/1812-383x-2021-4-32-36
I. N. Balashova
The article analyzes the legal nature of an arbitration agreement as an agreement on the transfer of an existing dispute between the parties to arbitration (arbitration court). The author pays special attention to such a type of arbitration agreement as an arbitration clause.
{"title":"Arbitration Agreement: The Legal Nature and Application Practice of an Arbitration Agreement","authors":"I. N. Balashova","doi":"10.18572/1812-383x-2021-4-32-36","DOIUrl":"https://doi.org/10.18572/1812-383x-2021-4-32-36","url":null,"abstract":"The article analyzes the legal nature of an arbitration agreement as an agreement on the transfer of an existing dispute between the parties to arbitration (arbitration court). The author pays special attention to such a type of arbitration agreement as an arbitration clause.","PeriodicalId":254727,"journal":{"name":"Arbitrazh-Civil Procedure","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116329087","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-08DOI: 10.18572/1812-383x-2021-4-56-60
A. Gusev
The author analyzes the legally established methods of protecting the right to social security of employees and their family members in pre-revolutionary Russia, judicial protection of such rights, examines the practical issues of applying such protection, the main sources of Russian legislation of that time that regulated these issues, and makes some suggestions about the possibility of borrowing positive experience by modern Russian legislators.
{"title":"The Development of Legal Provisions on Protection of Social Rights of Employees in the Pre- Revolutionary Russia (the Early XX Century)","authors":"A. Gusev","doi":"10.18572/1812-383x-2021-4-56-60","DOIUrl":"https://doi.org/10.18572/1812-383x-2021-4-56-60","url":null,"abstract":"The author analyzes the legally established methods of protecting the right to social security of employees and their family members in pre-revolutionary Russia, judicial protection of such rights, examines the practical issues of applying such protection, the main sources of Russian legislation of that time that regulated these issues, and makes some suggestions about the possibility of borrowing positive experience by modern Russian legislators.","PeriodicalId":254727,"journal":{"name":"Arbitrazh-Civil Procedure","volume":"136 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133947805","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-08DOI: 10.18572/1812-383x-2021-4-40-44
Ales V. Kontsevoy
The article deals with law application approaches of the US courts to the characterization of cryptocurrency. Facts of the cryptocurrency case filed by the US Commodity Futures Trading Commission against the ‘Cabbagetech’ Corporation for injunction are analyzed. The court formulated a case-law position according to which cryptocurrency is qualified as a civil turnover object that has the commodity economic and legal characteristics. The legal qualification of cryptocurrency as a commodity and the extension of the economic and legal features and attributes of the commodity to the cryptocurrency allows to structure property risks and to determine the civil law consequences of actions aimed at acquiring proprietary rights to cryptocurrencies. The emphasis on the legal policy of the US public institutions in the field of commodity and finance market security is placed.
{"title":"Law Enforcement Approaches to the Legal Qualification of Cryptocurrency (U.S. Judicial Practice)","authors":"Ales V. Kontsevoy","doi":"10.18572/1812-383x-2021-4-40-44","DOIUrl":"https://doi.org/10.18572/1812-383x-2021-4-40-44","url":null,"abstract":"The article deals with law application approaches of the US courts to the characterization of cryptocurrency. Facts of the cryptocurrency case filed by the US Commodity Futures Trading Commission against the ‘Cabbagetech’ Corporation for injunction are analyzed. The court formulated a case-law position according to which cryptocurrency is qualified as a civil turnover object that has the commodity economic and legal characteristics. The legal qualification of cryptocurrency as a commodity and the extension of the economic and legal features and attributes of the commodity to the cryptocurrency allows to structure property risks and to determine the civil law consequences of actions aimed at acquiring proprietary rights to cryptocurrencies. The emphasis on the legal policy of the US public institutions in the field of commodity and finance market security is placed.","PeriodicalId":254727,"journal":{"name":"Arbitrazh-Civil Procedure","volume":"270 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124379123","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-08DOI: 10.18572/1812-383x-2021-4-37-39
Konstantin N. Chernov
The article examines some issues of the impact of the European Convention for the Protection of Rights and Fundamental Freedoms on the formation of compensation proceedings in the arbitration process. Foreign normative legal acts play an important role in the mechanism for protecting human and civil rights, including in the production of court proceedings on violation of the rights of citizens to consider a case within a reasonable time. In the Russian arbitration legislation today there is an extensive practice of considering cases with the use of European judicial acts. It should be noted that at the present time there is a positive practice and appeals to the European Court of Human Rights are becoming much less frequent.
{"title":"The Influence of the European Convention on the Establishment of Compensation Proceedings in an Arbitral Procedure: Foreign Experience","authors":"Konstantin N. Chernov","doi":"10.18572/1812-383x-2021-4-37-39","DOIUrl":"https://doi.org/10.18572/1812-383x-2021-4-37-39","url":null,"abstract":"The article examines some issues of the impact of the European Convention for the Protection of Rights and Fundamental Freedoms on the formation of compensation proceedings in the arbitration process. Foreign normative legal acts play an important role in the mechanism for protecting human and civil rights, including in the production of court proceedings on violation of the rights of citizens to consider a case within a reasonable time. In the Russian arbitration legislation today there is an extensive practice of considering cases with the use of European judicial acts. It should be noted that at the present time there is a positive practice and appeals to the European Court of Human Rights are becoming much less frequent.","PeriodicalId":254727,"journal":{"name":"Arbitrazh-Civil Procedure","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126917091","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-08DOI: 10.18572/1812-383x-2021-4-27-31
Anastasia K. Latkina
The article discusses the issue of the possibility of filing a claim for recovering losses from a bank in the event of illegal withdrawal of the bankruptcy estate of a debtor-individual from his current account. The problem of determining the jurisdiction of the dispute is analyzed, the key concepts and facts necessary to prove the incurred losses are determined. Also proposed are possible solutions to the problem of using a special account of a debtor in bankruptcy proceedings.
{"title":"How a Financial Manager Can Collect Losses from a Bank in the Course of a Private Bankruptcy Procedure","authors":"Anastasia K. Latkina","doi":"10.18572/1812-383x-2021-4-27-31","DOIUrl":"https://doi.org/10.18572/1812-383x-2021-4-27-31","url":null,"abstract":"The article discusses the issue of the possibility of filing a claim for recovering losses from a bank in the event of illegal withdrawal of the bankruptcy estate of a debtor-individual from his current account. The problem of determining the jurisdiction of the dispute is analyzed, the key concepts and facts necessary to prove the incurred losses are determined. Also proposed are possible solutions to the problem of using a special account of a debtor in bankruptcy proceedings.","PeriodicalId":254727,"journal":{"name":"Arbitrazh-Civil Procedure","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115392515","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-08DOI: 10.18572/1812-383x-2021-4-8-12
A. B. Stepin
The concept of legal conflict is General (cross-sectoral) and at the same time basic in private and public legal mechanisms for the protection of civil rights, along with the issues of choosing the appropriate method of protection, jurisdiction of the dispute, and compliance with the officially established order (procedure). In the context of legal conflict, it is practically significant to study the causes of the conflict, the dynamics of development and the possibility of conflict management. The author assumes that legal conflicts based on legal and individual (contractual, local, judicial) regulation are considered in two forms (types) as unregulated (consensual, non-confrontational) and qualified (law enforcement, confrontational), reflecting the development of legal relations from erroneous actions to tort. Conflicts aimed at restoring the violated (disputed) right allow resolving disputes about the law, the legality of (unfair) actions (inaction), and overcoming the shortcomings of legislation. In this regard, civil-legal and administrative-legal disputes are crucial.
{"title":"A Legal Conflict in Civil Right Protection Mechanisms","authors":"A. B. Stepin","doi":"10.18572/1812-383x-2021-4-8-12","DOIUrl":"https://doi.org/10.18572/1812-383x-2021-4-8-12","url":null,"abstract":"The concept of legal conflict is General (cross-sectoral) and at the same time basic in private and public legal mechanisms for the protection of civil rights, along with the issues of choosing the appropriate method of protection, jurisdiction of the dispute, and compliance with the officially established order (procedure). In the context of legal conflict, it is practically significant to study the causes of the conflict, the dynamics of development and the possibility of conflict management. The author assumes that legal conflicts based on legal and individual (contractual, local, judicial) regulation are considered in two forms (types) as unregulated (consensual, non-confrontational) and qualified (law enforcement, confrontational), reflecting the development of legal relations from erroneous actions to tort. Conflicts aimed at restoring the violated (disputed) right allow resolving disputes about the law, the legality of (unfair) actions (inaction), and overcoming the shortcomings of legislation. In this regard, civil-legal and administrative-legal disputes are crucial.","PeriodicalId":254727,"journal":{"name":"Arbitrazh-Civil Procedure","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131404323","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-08DOI: 10.18572/1812-383x-2021-4-18-22
R. O. Opalev
The article contains an analysis of topical issues of distinction between subject matters of the Code of Civil Procedure of the Russian Federation and the Code of Administrative Judicial Procedure of the Russian Federation. The author criticizes provisions of the theory and modern judicial practice, makes conclusions about the current situation and prospects for the development of doctrine, judicial practice on the indicated problem by relying on comparative legal and historical researches. In particular, the article provides arguments in favor of changing the approach to the distinction between civil and administrative cases that developed in the Soviet period, and points out the absence of grounds for applying this approach at the present time.
{"title":"The Subject of Judicial Protection in Administrative Proceedings","authors":"R. O. Opalev","doi":"10.18572/1812-383x-2021-4-18-22","DOIUrl":"https://doi.org/10.18572/1812-383x-2021-4-18-22","url":null,"abstract":"The article contains an analysis of topical issues of distinction between subject matters of the Code of Civil Procedure of the Russian Federation and the Code of Administrative Judicial Procedure of the Russian Federation. The author criticizes provisions of the theory and modern judicial practice, makes conclusions about the current situation and prospects for the development of doctrine, judicial practice on the indicated problem by relying on comparative legal and historical researches. In particular, the article provides arguments in favor of changing the approach to the distinction between civil and administrative cases that developed in the Soviet period, and points out the absence of grounds for applying this approach at the present time.","PeriodicalId":254727,"journal":{"name":"Arbitrazh-Civil Procedure","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133563774","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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