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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.

  • 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.

  • 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.

  • 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.

  • 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.

ИСПОЛНИТЕЛЬНОЕ ПРОИЗВОДСТВО
  • 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.

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.

  • 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.

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.

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.