Pub Date : 2021-04-08DOI: 10.18572/1812-383x-2021-4-23-26
N. A. Morozova
The author of the article argues that cases of administrative offenses in arbitration courts should not be considered in simplified procedure, since this contradicts the essence of administrative responsibility.
本文的作者认为，仲裁法院的行政违法案件不应简化程序，因为这与行政责任的本质相矛盾。
{"title":"Inadmissibility of Summary Hearing of Administrative Offense Cases by Commercial Courts","authors":"N. A. Morozova","doi":"10.18572/1812-383x-2021-4-23-26","DOIUrl":"https://doi.org/10.18572/1812-383x-2021-4-23-26","url":null,"abstract":"The author of the article argues that cases of administrative offenses in arbitration courts should not be considered in simplified procedure, since this contradicts the essence of administrative responsibility.","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":"128020002","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 : 2021-03-04DOI: 10.18572/1812-383x-2021-3-58-60
A. Selkova
The author examines how the COVID-19 pandemic has impacted international arbitration in terms of the use of new forms of litigation. The article summarizes that parties, lawyers and arbitrators must adapt to the new reality of court hearings caused by travel restrictions and social distancing measures. Attention is drawn to one particularly topical issue: should we completely stop holding hearings directly in the courtroom and switch to a new model of sessions organized remotely through using of modern video conferencing technologies? In addition, this author attempts to develop an analytical framework for remote hearings in international arbitration. In the context of the current pandemic and its possible continuation, the author proposes certain criteria for determining the need for a remote hearing.
{"title":"“Asynchronous” Judicial Procedures as a Future Model of International Arbitration","authors":"A. Selkova","doi":"10.18572/1812-383x-2021-3-58-60","DOIUrl":"https://doi.org/10.18572/1812-383x-2021-3-58-60","url":null,"abstract":"The author examines how the COVID-19 pandemic has impacted international arbitration in terms of the use of new forms of litigation. The article summarizes that parties, lawyers and arbitrators must adapt to the new reality of court hearings caused by travel restrictions and social distancing measures. Attention is drawn to one particularly topical issue: should we completely stop holding hearings directly in the courtroom and switch to a new model of sessions organized remotely through using of modern video conferencing technologies? In addition, this author attempts to develop an analytical framework for remote hearings in international arbitration. In the context of the current pandemic and its possible continuation, the author proposes certain criteria for determining the need for a remote hearing.","PeriodicalId":254727,"journal":{"name":"Arbitrazh-Civil Procedure","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129360442","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 : 2021-03-04DOI: 10.18572/1812-383x-2021-3-3-7
I. G. Fedin
The article deals with topical issues related to the development of the principle of good faith in domestic civil and arbitration law. The author describes the current state of this principle in these sectors, discloses the concept of «good faith» and proposes legislative initiatives to develop the regulator in the judicial process and thereby strengthen the procedural culture.
{"title":"Relevant Issues of the Development of the Principle of Good Faith in an Arbitration and Civil Procedure","authors":"I. G. Fedin","doi":"10.18572/1812-383x-2021-3-3-7","DOIUrl":"https://doi.org/10.18572/1812-383x-2021-3-3-7","url":null,"abstract":"The article deals with topical issues related to the development of the principle of good faith in domestic civil and arbitration law. The author describes the current state of this principle in these sectors, discloses the concept of «good faith» and proposes legislative initiatives to develop the regulator in the judicial process and thereby strengthen the procedural culture.","PeriodicalId":254727,"journal":{"name":"Arbitrazh-Civil Procedure","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116450266","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 : 2021-03-04DOI: 10.18572/1812-383x-2021-3-35-39
I. Shevchenko
The author, discussing on the moment when obligations terminate by means of judicial set-off, concludes, that the answer to this question is concealed in the concept of a court decision. The solutions to the put up question depending on application of declaration theory or order theory are analyzed.
{"title":"On the Legal Nature of a Set-off","authors":"I. Shevchenko","doi":"10.18572/1812-383x-2021-3-35-39","DOIUrl":"https://doi.org/10.18572/1812-383x-2021-3-35-39","url":null,"abstract":"The author, discussing on the moment when obligations terminate by means of judicial set-off, concludes, that the answer to this question is concealed in the concept of a court decision. The solutions to the put up question depending on application of declaration theory or order theory are analyzed.","PeriodicalId":254727,"journal":{"name":"Arbitrazh-Civil Procedure","volume":"165 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115171619","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 : 2021-03-04DOI: 10.18572/1812-383x-2021-3-40-43
Larisa V. Potapova
The article deals with current problems of development of the Institute of conciliation procedures in civil proceedings. The author analyzes the point of view of scientists about the concept of “conciliation procedures”, on the basis of which he identifies a number of characteristic features. The study of the legal framework on this issue allows us to systematize the key types of conciliation procedures in civil proceedings-negotiations, mediation, judicial reconciliation. Despite the fact that these procedures are reflected in the law, they are rarely used in practice, which is due to some problems, in particular, the low level of legal literacy of the population; the lack of well-developed information work with citizens; people’s distrust of the new legal institution; the rather high cost of services provided by mediators, etc. All this requires prompt resolution, which will reduce the burden on the judicial authorities and improve the quality of the process.
{"title":"The Main Problems of the Development of the Institution of Conciliation in a Civil Procedure","authors":"Larisa V. Potapova","doi":"10.18572/1812-383x-2021-3-40-43","DOIUrl":"https://doi.org/10.18572/1812-383x-2021-3-40-43","url":null,"abstract":"The article deals with current problems of development of the Institute of conciliation procedures in civil proceedings. The author analyzes the point of view of scientists about the concept of “conciliation procedures”, on the basis of which he identifies a number of characteristic features. The study of the legal framework on this issue allows us to systematize the key types of conciliation procedures in civil proceedings-negotiations, mediation, judicial reconciliation. Despite the fact that these procedures are reflected in the law, they are rarely used in practice, which is due to some problems, in particular, the low level of legal literacy of the population; the lack of well-developed information work with citizens; people’s distrust of the new legal institution; the rather high cost of services provided by mediators, etc. All this requires prompt resolution, which will reduce the burden on the judicial authorities and improve the quality of the process.","PeriodicalId":254727,"journal":{"name":"Arbitrazh-Civil Procedure","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124592440","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 : 2021-03-04DOI: 10.18572/1812-383x-2021-3-53-57
D. Olenin
The article is devoted to the enforcement proceedings in England. The author examines the specific characters of the system of compulsory execution of judicial acts in civil cases in England, together with the measures of compulsory execution provided by the English procedural legislation and the procedure for their application. Analyzing foreign legislation, the author concludes that in England there is a mixed decentralized judicial enforcement system. Also, the author identifies a big importance of the recoverer in enforcement proceedings in England. Consequently, the role of the enforcement agent in England is reduced to the implementation of the recoverer’s will by order of the court.
{"title":"The English Model of Enforcement Proceedings","authors":"D. Olenin","doi":"10.18572/1812-383x-2021-3-53-57","DOIUrl":"https://doi.org/10.18572/1812-383x-2021-3-53-57","url":null,"abstract":"The article is devoted to the enforcement proceedings in England. The author examines the specific characters of the system of compulsory execution of judicial acts in civil cases in England, together with the measures of compulsory execution provided by the English procedural legislation and the procedure for their application. Analyzing foreign legislation, the author concludes that in England there is a mixed decentralized judicial enforcement system. Also, the author identifies a big importance of the recoverer in enforcement proceedings in England. Consequently, the role of the enforcement agent in England is reduced to the implementation of the recoverer’s will by order of the court.","PeriodicalId":254727,"journal":{"name":"Arbitrazh-Civil Procedure","volume":"99 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116880962","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 : 2021-03-04DOI: 10.18572/1812-383x-2021-3-18-22
S. Kazakova, Olesya A. Kukhareva, A. N. Yusupova
The relevance of the work is due to the need to analyze and comprehend the institution of professional judicial representation in the light of the implementation of the right of legal entities to judicial protection. The results of the work are presented in the form of theses on the restriction by the current arbitration procedural legislation of the corporation’s right to participate in court cases in the aspect of the principles of civil procedural law. The authors come to the conclusion about the need for more flexible legal regulation of the institution of judicial representation in order to ensure guarantees of access of legal entities to justice.
{"title":"Professional Representation as Restriction of the Right of a Legal Entity (Corporation) to Judicial Protection","authors":"S. Kazakova, Olesya A. Kukhareva, A. N. Yusupova","doi":"10.18572/1812-383x-2021-3-18-22","DOIUrl":"https://doi.org/10.18572/1812-383x-2021-3-18-22","url":null,"abstract":"The relevance of the work is due to the need to analyze and comprehend the institution of professional judicial representation in the light of the implementation of the right of legal entities to judicial protection. The results of the work are presented in the form of theses on the restriction by the current arbitration procedural legislation of the corporation’s right to participate in court cases in the aspect of the principles of civil procedural law. The authors come to the conclusion about the need for more flexible legal regulation of the institution of judicial representation in order to ensure guarantees of access of legal entities to justice.","PeriodicalId":254727,"journal":{"name":"Arbitrazh-Civil Procedure","volume":"259 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133574005","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 : 2021-03-04DOI: 10.18572/1812-383x-2021-3-49-52
O. Derbisheva
The article examines the essence of civil procedural succession. The differences between civil procedural succession and civil succession are formulated.
本文考察了民事诉讼继承的本质。阐述了民事程序继承与民事继承的区别。
{"title":"Differences between Civil Procedural Succession and Civil Succession","authors":"O. Derbisheva","doi":"10.18572/1812-383x-2021-3-49-52","DOIUrl":"https://doi.org/10.18572/1812-383x-2021-3-49-52","url":null,"abstract":"The article examines the essence of civil procedural succession. The differences between civil procedural succession and civil succession are formulated.","PeriodicalId":254727,"journal":{"name":"Arbitrazh-Civil Procedure","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128090821","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 : 2021-03-04DOI: 10.18572/1812-383x-2021-3-23-29
Lyudmila K. Bondarenko
The problem of the appointment of a court fine for violation of the terms for the provision of the results of the examination (Article 55 of the APC RF) is investigated. It is argued that the nature of the harm does not correspond to the extent of the material and legal responsibility. It is proved that the appointment of a court fine is repressive in nature. It is proposed to synchronize the tort and the amount of the sanction, in accordance with the principles of arbitration proceedings, by clarifying the legislative technique.
{"title":"Court Fine for Violation of Forensic Examination Terms","authors":"Lyudmila K. Bondarenko","doi":"10.18572/1812-383x-2021-3-23-29","DOIUrl":"https://doi.org/10.18572/1812-383x-2021-3-23-29","url":null,"abstract":"The problem of the appointment of a court fine for violation of the terms for the provision of the results of the examination (Article 55 of the APC RF) is investigated. It is argued that the nature of the harm does not correspond to the extent of the material and legal responsibility. It is proved that the appointment of a court fine is repressive in nature. It is proposed to synchronize the tort and the amount of the sanction, in accordance with the principles of arbitration proceedings, by clarifying the legislative technique.","PeriodicalId":254727,"journal":{"name":"Arbitrazh-Civil Procedure","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116073121","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 : 2021-03-04DOI: 10.18572/1812-383x-2021-3-30-34
E. Makeeva
The article discusses certain issues of the institution of simplified proceedings in the arbitration process, analyzes the reasons for the establishment by arbitration procedural legislation of a ban on the consideration of corporate disputes in a simplified manner, compares the features of disputes subject to consideration in a simplified manner and corporate disputes.
{"title":"Summary Proceedings in an Arbitration Procedure: Corporate and Legal Aspects","authors":"E. Makeeva","doi":"10.18572/1812-383x-2021-3-30-34","DOIUrl":"https://doi.org/10.18572/1812-383x-2021-3-30-34","url":null,"abstract":"The article discusses certain issues of the institution of simplified proceedings in the arbitration process, analyzes the reasons for the establishment by arbitration procedural legislation of a ban on the consideration of corporate disputes in a simplified manner, compares the features of disputes subject to consideration in a simplified manner and corporate disputes.","PeriodicalId":254727,"journal":{"name":"Arbitrazh-Civil Procedure","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126272020","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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