Arbitrazh and Civil Procedure №1 - 2014

АКТУАЛЬНЫЕ ВОПРОСЫ НАУКИ И ПРАКТИКИ

• Sheremetova Galina Sergeevna,

  Mediation as a type of free legal assistance p. 3-5

  Sheremetova Galina Sergeevna, teacher of the chair of civil procedure of the Ural state law academy, leading expert of the Mediation centre for the Ural state law academy

  Mediation as a type of free legal assistance

  The article discusses the opportunity to involve the alternative dispute resolution procedure with participation of mediator (mediation) to the legal aid system.

  Key words: legal aid, mediation, types of legal aid, mediation in Russia.

• Degtyarev Sergej Leonidovich, Shajnurov Artur Zabirovich,

  Problems of consideration in arbitrazh court by way of Chapter 29 of the Arbitrazh Procedure Code of cases on contesting rulings of the agencies of Rostransnadzor on bringing to administrative responsibility for failure to observe the requirements on ensuring transport security p. 8-12

  Degtyarev Sergej Leonidovich, professor of the chair of civil procedure of the Ural state law academy, doctor of juridical sciences
  
  Shajnurov Artur Zabirovich, master's student of the Institute of justice of the Ural state law academy, specialist of the department for supervision over ensuring transport security of the administration of State aviation supervision and supervision over ensuring transport security in the Ural federal region

  Problems of consideration in arbitrazh court by way of Chapter 29 of the Arbitrazh Procedure Code of cases on contesting rulings of the agencies of Rostransnadzor on bringing to administrative responsibility for failure to observe the requirements on ensuring transport security

  The article concerns issues of contesting of rulings of the Rostransnadzor on bringing to administrative responsibility; proposes a new variant of Article 227 of the Arbitrazh Procedure Code of the Russian Federation. The authors substantiate the stance of consideration by the courts of such cases in accordance with the rules of administrative judicial proceeding without application of provisions of Chapter 29 of the Arbitrazh Procedure Code of the RF.

  Key words: arbitrazh procedure, Rostransnadzor, administrative responsibility, transport security.

• Shikova Suanda Azamatovna,

  New trends in the resolution of disputes on claims to insurance companies under contract p. 13-15

  Shikova Suanda Azamatovna, derk of the court of civil proceedings in the Krasnodar regional court

  New trends in the resolution of disputes on claims to insurance companies under contract

  The paper discusses the urgent and important problems in the resolution of disputes arising from the contract of insurance as well as personal property, new trends in the application of the Law on compulsory insurance of civil liability of vehicle owners.

  Key words: CASCO, OSAGO, jurisdiction, fine, penalty, compensation for moral damages, the insurance company.

• Yudin Andrej Vladimirovich,

  Procedural issues to deal with civil cases concerning the classification of the debtor's property, «re-registered» them on others p. 16-19

  Yudin Andrej Vladimirovich, professor of the chair of civil, procedure and entrepreneurial law of the Federal budgetary state educational establishment of higher professional education «Samara state university», doctor of juridical sciences

  Procedural issues to deal with civil cases concerning the classification of the debtor's property, «re-registered» them on others

  This paper analyzes the problems of the procedural review of cases in which the debtor made the alienation of the property in question on the eve of foreclosure on the property from creditors. Proving the imaginary nature of such transactions raises a significant number of procedural issues.

  Key words: fraudulent deal, the release of property from seizure, proving imaginary transactions, concealment of property.

• Lyubchenko Maksim Yanovich,

  Interaction between the European Court of human rights and national jurisdictions: European view on the harmonization procedure p. 20-25

  Lyubchenko Maksim Yanovich, master of laws, graduate student of the chair of civil procedure of the Siberian federal university

  Interaction between the European Court of human rights and national jurisdictions: European view on the harmonization procedure

  The article analyzes the main problems on the way to harmonization of procedural law in Europe. The author argues that these problems can be solved through development of judicial procedures interaction between the European Court of human rights and national jurisdictions.

  Key words: Civil procedure, trends, harmonization, 28-th regime of civil procedure, ECHR.

ИСПОЛНИТЕЛЬНОЕ ПРОИЗВОДСТВО

• Mamaev Andrej Andreevich,

  Certain aspects of legal status of the recoverer at the stage of initiation of executory proceeding (analysis of amendments of 2013) p. 26-30

  Mamaev Andrej Andreevich, graduate student of the chair of civil procedure of the Ural state law academy

  Certain aspects of legal status of the recoverer at the stage of initiation of executory proceeding (analysis of amendments of 2013)

  The article reveals the differences of the legal status of recoverer depending on liable to penalty amount, decision lead time of institute enforcement proceedings.

  Key words: enforcement proceedings, recoverer, debtor, legal status, institute enforcement proceedings, time constraints on the road.

• Miroshnichenko Anastasiya Arturovna,

  Practice of application of time limitations of the right to exit from the Russian Federation p. 31-37

  Miroshnichenko Anastasiya Arturovna, graduate student of the chair of civil procedure of the Ural state law academy

  Practice of application of time limitations of the right to exit from the Russian Federation

  The paper is devoted to analysis of Article 67 of Compulsory execution Act, governing restrictions on the right to leave Russian Federation.

  Key words: enforcement, execution, measures of enforcement, personal limitations, restrictions on the right to leave Russian Federation.

ГРАЖДАНСКИЙ ПРОЦЕСС ЗАРУБЕЖНЫХ СТРАН

• Shishmareva Tat’yana Petrovna,

  Procedure of liberation from compensation of the debt left in the legislation on insolvency in Germany p. 38-42

  Shishmareva Tat’yana Petrovna, assistant professor of the chair of civil law of the Law institute of the Siberian federal university, candidate of juridical sciences

  Procedure of liberation from compensation of the debt left in the legislation on insolvency in Germany

  In article procedure of release from compensation of the remained debt, regulated by part 8th of Provision on insolvency in Germany, is analyzed. The special attention is paid to concept of conscientiousness of the debtor.

  Key words: insolvency procedure, debtor, conscientiousness, release from compensation of the remained debt..

• Gkhonya Denis Viktorovich,

  Subjects of appealing in civil judicial proceeding p. 43-47

  Gkhonya Denis Viktorovich, graduate student of the chair of civil procedure of the National university "Odessa law academy"

  Subjects of appealing in civil judicial proceeding

  The article deals with some aspects of realisation of the right to appeal against the decisions of the Court of First Instance. It focuses on the analysis of the features of the subject structure of the right to appeal.

  Key words: appeal process, the right to appeal, the realization of the right to appeal, the subjects of appeal.

ТРЕТЕЙСКОЕ СОГЛАШЕНИЕ

• Rotko Svetlana Vladimirovna,

  Features of the legal nature of the arbitration agreement p. 48-52

  Rotko Svetlana Vladimirovna, the professor of chair of civil law and civil process the Don legal institute, the candidate of jurisprudence, the senior lecturer, the arbitration judge of the Arbitration court at the Independent noncommercial organization «The centre of arbitration trial»

  Features of the legal nature of the arbitration agreement

  In the clause taking into account the generated practice the question of the legal nature of the arbitration agreement as necessary condition for consideration of civil-legal dispute in the arbitration court is considered.

  Key words: alternative consideration of disputes, arbitration legal proceedings, the arbitration agreement, the civil-law nature of the arbitration agreement, the procedural-legal nature of the arbitration agreement, the mixed nature of the arbitration agreement.

СРАВНИТЕЛЬНОЕ ПРАВОВЕДЕНИЕ

• Neznamov Aleksandr Vladimirovich,

  Injunctions as the background of the «step-by-step law enforcement» conception p. 53-57

  Neznamov Aleksandr Vladimirovich, graduate student of the chair of civil procedure of the Ural state law academy Уральской

  Injunctions as the background of the «step-by-step law enforcement» conception

  In this article the author attempts to interpret the common law experience of granting an injunctive relief in the context of the Russian law and particularly its problem of execution of non-proprietary decisions. This attempt results the author's conclusion that the "step-by-step law enforcement" conception may be established in the Russian law. The author proposes the basic proposition of it, shows its scientific and practical attractiveness and proves this conception to be thrashed out further.

  Key words: injunctions, contempt of court, execution of non-proprietary decisions, the conception of "step-by-step law enforcement".

• В Торгово-промышленной палате РФ обсудили проблемы антикризисного управления С. 58-62

  26 ноября 2013 г. в Торгово-промышленной палате Российской Федерации состоялось заседание круглого стола на тему «Антикризисное управление в современных экономических условиях».