Herald of Civil Procedure
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PROBLEMS OF CIVIL PROCEDURE

PROTOCOL OF THE INSPECTION OF THE WEBPAGE BY THE NOTARY AS A MEANS OF PROVIDING THE EVIDENCE IN CIVIL PROCEEDINGS
N.A. ARTEBYAKINA
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EVIDENCE IN CIVIL CASES CONSIDERING PERSONAL FAMILY RELATIONS: CHALLENGES OF THE GENRE
N.N. TARUSINA
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PRESUMPTIONS AND FICTIONS IN ARBITRATION PROCEDURE
I.V. RESHETNIKOVA
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LAW OF EVIDENCE IN CIVIL PROCEDURE: UNREALIZED OPPORTUNITIES
M.A. FOKINA
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LAW OF EVIDENCE IN ARBITRATION PROCEDURE: PROBLEMS AND FEATURES
V.N. KOVAL
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DEVELOPMENT OF THE THEORY OF FORMAL EVIDENCE AND ITS IMPACT ON MODERN CIVIL PROCEDURE
V.V. ARGUNOV, E.V. SALOGUBOVA
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EUROPEAN LEGAL STANDARDS FOR EVIDENCE AND EVALUATION OF EVIDENCE
A.R. SULTANOV
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PROCEDURAL STATUS OF THE TRANSLATOR AND THE EVIDENCE OF ITS TRANSFERS IN CIVIL PROCEDURE
D.Kh. VALEEV, A.G. NURIEV, R.V. SHAKIRYANOV
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CHANGE IN THE BURDEN OF PROOF AND THE ACTUAL SITUATION IN PROVING IN PROCEEDINGS OF CIVIL CASES
O.V. BAULIN
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DISCLOSURE OF THE EVIDENCE AND AGREEMENT ON THE CIRCUMSTANCES OF THE CASE AS AN ACTIVE FORM OF IMPLEMENTATION OF THE PRINCIPLE OF COMPETITIVENESS IN CIVIL PROCEDURE
I.M. DIVIN
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EVIDENCE IN APPEALS IN CIVIL PROCEEDINGS
E.A. BORISOVA
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EVIDENCE IN COURTS OF CASSATION AND SUPERVISORY INSTANCE
L.A. TEREKHOVA
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ELECTRONIC EVIDENCE IN THE CONTEXT OF E-JUSTICE
V.G. GOLUBTSOV
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ELECTRONIC EVIDENCE IN CIVIL PROCEEDINGS: PROCEDURAL PROOF ISSUES
L.V. ZAYTSEVA, N.V. SUKHOVA
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FEATURES OF PROOF IN CASES OF COMPLIANCE ASSESSMENT
L.V. TUMANOVA
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ON PROCEDURAL REALITIES AND POTENTIAL POSSIBILITIES OF THE USE OF ELECTRONIC EVIDENCE IN CIVIL PROCEDURE
M.N. ZARUBINA, A.A. PAVLOV
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EVIDENCE ISSUES ARISING FROM THE USE OF CONCILIATION PROCEDURES
E.I. NOSYREVA
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CIVIL PROCEDURE ON COMMENT

HISTORY OF THE CIVIL PROCEDURE

FOREIGN CIVIL PROCEDURE

DISCLOSURE OF EVIDENCE IN RUSSIAN AND ENGLISH CIVIL PROCEDURE
E.V. KUDRYAVTSEVA
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NEW EVIDENCE SCHOLARSHIP IN COMMON LAW COUNTRIES
A.V. ARGUNOV
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THE PRINCIPLE OF ESTOPPEL AND THE REQUIREMENT OF GOOD FAITH DURING EVIDENTIARY ACTIVITIES FOR CIVIL CASES
O.N. SHEMENEVA
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TRIBUNE OF YOUNG SCIENTIST

USING OF ELECTRONIC DOCUMENTS AS EVIDENCES IN CRIMINAL AND CIVIL PROCEDURE
G.V. BURGANOVA
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JUDICIAL AUTHORITY AND PRACTICE

REVIEW OF THE V ANNUAL SYMPOSIUM OF THE JOURNAL “HERALD OF CIVIL PROCEDURE” “2018 – LAW OF EVIDENCE IN CIVIL PROCEDURE: CURRENT STATE AND PERSPECTIVES OF DEVELOPMENT”
G.A. VALEEVA, I.I. KOROLEV, N.N. MAKOLKIN
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DERIVATIVE ACTION ON CORPORATE DISPUTES. FEATURES OF PROOF
N.R. SAFAEVA
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FEATURES OF PRESENTATION OF EVIDENCE IN CASES REFERRED TO SUMMARY PROCEEDINGS: INTEGRATION OF GENERAL AND UNINVITED PROCEDURAL FORMS
A.V. MALYSHKIN
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SOME ASPECTS OF THE APPLICATION OF THE RULES ON EVIDENCE IN THE CONSIDERATION IN THE BANKRUPTCY CASE OF COMPLETED DISPUTES ON THE INCLUSION OF REQUIREMENTS IN THE LIST OF CREDITORS OF THE DEBTOR
E.N. SERDITOVA
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ROLE OF THE COURT IN THE PROCESS OF EVIDENCE ON THE EXAMPLE OF RESOLUTION OF LAND DISPUTES IN CIVIL AND ADMINISTRATIVE PROCEEDINGS
A.Kh. KHISAMOV
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SOME FEATURES OF ADMINISTRATIVE PROCEEDINGS COMPARED TO CIVIL WHICH SHOULD BE REFLECTED IN THE PROCEDURE OF PROOF, THE APPLICATION OF THE RULES ON PREJUDICIAL JUDICIAL ACT, CAUSING THEIR FEATURES
M.B. VELICHKO
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EVIDENCE IN DISPUTES ABOUT CHILDREN: SOME THEORETICAL, PRACTICAL AND VALUE ISSUES
P.A. YAKUSHEV
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FORENSIC EXAMINATION OF THE DISPUTE ON THE RECOGNITION OF REAL ESTATE
F.G. KHASANSHINA, I.A. KHASANSHIN
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NEW EVIDENCE IN APPEALS
I.N. SMOLENSKY
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PERSONALIA

135 YEARS FROM THE BIRTH OF ORDINARY PROFESSOR, MASTER OF LAW VALENTIN ALEKSANDROVICH RYAZANOVSKY
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95 YEARS FROM THE BIRTH OF PROFESSOR, CANDIDATE OF LEGAL SCIENCES NINA ISAEVNA KLEIN
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95 YEARS FROM THE BIRTH OF PROFESSOR, DOCTOR OF LEGAL SCIENCES ALEKSANDR FROLOVICH KOZLOV
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95 YEARS FROM THE BIRTH OF PROFESSOR, DOCTOR OF LEGAL SCIENCES MARIA SUMBATOVNA SHAKARYAN
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65 YEARS ANNIVERSARY OF DOCTOR OF LEGAL SCIENCES, PROFESSOR NATALYA ANDREEVNA GROMOSHINA
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Present to you the first issue of the "Herald of Civil Procedure"

Glad to bring to your attention the first issue of the journal "Herald of the Civil Process" in 2019.
This issue continues the tradition of issuing special issues, pledged by the editorship together with friends of the magazine five years ago. This issue is entirely devoted to the materials of the 5th Anniversary Symposium of the Journal “Herald of Civil Procedure” “2018 –Documentary Law in the Civil Process: Current State and Prospects for Development”, which was held on the basis of the Arbitration Court of the Volga District with the support of the Law Faculty of Kazan (Volga Region) Federal University 5 October 2018
The issue of the journal is opened by the article of the doctor of legal sciences, professor, Chairman of the Arbitration Court of the Ural district I.V. Reshetnikova on the topic "Presumptions and fictions in the arbitration process." The article discusses the place of presumptions and fictions in the process of proving in the Russian arbitration process. On the basis of judicial practice, the impact of presumptions on the distribution of the burden of proof is analyzed. The interconnection of the presumed facts with the subject of proof in the case, presumptions and exemption
from evidencing.
The article is continued by the article of Doctor of Law, Professor of the Russian State University of Justice MA. Fokina on the topic “Evidentiary Law in the Civil Process: Unrealized Opportunities”. It notes that in any procedural evidence there are identical elements, and the criterion that allows us to speak about the unity of the legal regulation of evidence and evidence in the civil process is the unity of cognitive processes. The idea of ​​unity of the mechanism of evidence is supported by the fact that the structure of the mechanism of evidence in civil and administrative cases is identical. The article examines the trends of evidentiary law in the context of the priorities of modern procedural policy, as well as provides ideas for improving the institute of evidence.
Then follows the work of Dr. V.N. Koval on the topic "Evidentiary Law in the Arbitration Process: Problems and Features." It is noteworthy that in the article the author highlights some problematic issues arising in the process of consideration of cases by arbitration courts in the territory of the Republic of Crimea and the city of Sevastopol, related to proving the circumstances that occurred before the Republic of Crimea joined the Russian Federation and the formation of new subjects of the Russian Federation. The author also raises the issue of prejudicial judicial acts adopted by courts operating in the territory of the Republic of Crimea and the city of Sevastopol until March 18, 2014, when considering disputes by arbitration courts of the Republic of Crimea and the city of federal significance of Sevastopol.
An interesting article is also on the topic “European legal standards of evidence and assessment of evidence,” authored by the head of the legal department of PJSC «Nizhnekamskneftekhim», a member of the Association for the Improvement of Life and Education (ABLE) A.R. Sultans. The author reveals how the influence of European legal standards on the development of procedural legislation, and argues that this phenomenon takes place in the judiciary, despite the fact that it is the most conservative branch of government. According to the author, the approaches and legal positions of the European Court of Human Rights to the perception of fairness of court proceedings are usually not in doubt, however, when it comes to interpreting national substantive law, different situations are possible. The article cites various examples from resolutions of the Plenum of the Supreme Court of the Russian Federation, judicial practice, opinions of researchers.
The work of one more representative of the judiciary of Russia, the Chairman of the Arbitration Court of the Republic of Adygea I.M. Divina on the topic "Disclosure of evidence and agreement on the circumstances of the case as an active form of the implementation of the principle of competition in the civil process." The article discusses the evidence and agreement on the circumstances of the case through the prism of the principle of competition, as well as the values ​​of the active behavior of the parties in the civil process. At the same time, their evidentiary knowledge is characterized when sent by the court of justice. The author analyzes the meaning of the terms used in this area of ​​the civil process, the meaning of the principles of competition and equality of the parties, the legal nature and nature of the possible consequences, and also gives statements different scientists in the field of civil procedure on this topic.
In addition, in the section “Problems of Civil Procedure” are presented the articles of O.V., Doctor of Law, Professor of Voronezh State University. Baulin, a joint article of Candidate of Law, Associate Professor of Moscow State University. Mv Lomonosova V.V. Argunova and Candidate of Law, Associate Professor of Moscow State University. Mv Lomonosova E.V. Salogubova, as well as a joint article by representatives of Kazan Federal University, Doctor of Law, Professor D.Kh. Valeeva, Candidates of Law, Associate Professors A.G. Nuriev and R.V. Shakiryanova. In addition, this section presents the work of Doctor of Law, Professor of Moscow State University. Mv Lomonosova E.A. Borisova, Doctor of Law, Professor of Omsk State University. F.M. Dostoevsky L.A. Terekhova. The following articles continue this section: “Electronic evidence in the context of e-justice,” authored by the Doctor of Law, Professor of the Perm State National Research University V.G. Golubtsov, “Features of Evidence in the Normocontrol Cases”, issued from the pen of the Doctor of Law, Professor, Dean of the Law Faculty of Tver State University L.V. Tumanova, as well as research E.I. Nosyreva, Doctor of Law, Professor at the Voronezh State University, on the topic “Evidence issues arising from the use of conciliation procedures.” The above section also contains a number of individual and collective research, including “Proving civil matters from personal family relationships: the difficulties of the genre,” authored by a candidate of law, professor, dean of the law faculty, head of the department of social and family law . P.G. Demidova N.N. Tarusina, "Electronic evidence in civil proceedings: issues of procedural evidence", the authors are representatives of Tyumen State University - doctor of legal sciences L.V. Zaitseva and candidate of legal sciences N.V. Sukhova, “On procedural realities and potential possibilities of using electronic evidence in a civil process”, written by Ph.D. in Law, Associate Professor of Saratov State University. N.G. Chernyshevskogo M.N. Zarubina in collaboration with the patent attorney of the Russian Federation, lawyer A.A. Pavlov, as well as the “Protocol on the inspection of the Internet site by a notary as a means of providing evidence in civil proceedings” by the candidate of legal sciences, an associate professor at Ulyanovsk State Pedagogical University
them. I.N. Ulyanova N.A. Artebyakinoy.
This issue continues with the traditional section “Foreign Civil Procedure”, the title of which is the work of Doctor of Law, Professor of the Department of Civil Procedure of the Moscow State University. Mv Lomonosova E.V. Kudryavtseva on the topic "Disclosure of evidence in the Russian and English civil procedure." The article is devoted to the institution of disclosure of evidence. In connection with the reform of civil and arbitration procedural legislation, a short story of Art. 56 Code of Civil Procedure of the Russian Federation on the introduction of the disclosure of evidence in a civil procedure. The author analyzes the opinions of scientists about the purpose of disclosing evidence in the arbitration process in Russia and England. The focus of the article is on disclosing evidence in England. In addition, this section contains articles by representatives of Moscow and Voronezh law schools - Candidate of Law, associate professor of the Russian State University of Justice A.V. Argunova and Doctor of Law, Associate Professor of the Voronezh State University O.N. Shemeneva.
The section “Tribune of a Young Scientist” is represented by an article by a representative of the Kazan School of Law, G. Burganova on the topic "The use of electronic documents as evidence in criminal and civil proceedings." In this article, the author attempts to analyze the theoretical and practical aspects of using electronic documents as evidence in criminal and civil proceedings. The author identifies the main issues of using electronic documents as evidence, which form three blocks: the normative description of the form and format of an electronic document in order to guarantee the uniqueness of its perception in various situations; use of an electronic document as evidence; distribution of responsibility between the participants of electronic exchange.
Then follows the section “Judicial Power and Practice”, which is represented by the writings of the judge of the Arbitration Court of the Volga District, I.N. Smolensky, Chairman of the Eleventh Arbitration Court of Appeal N.P. Safayeva, Chairman of the Arbitration Court of the Udmurt Republic Ye.N. Serditova, individual studies of the Chairman of the Vladimir Regional Court A.The. Malyshkina and the judges of the Vladimir Regional Court P.A. Yakusheva, judges of the Arbitration Court of the Republic of Tatarstan A.Kh. Khisamov, as well as the article of associate professor of the Kazan branch of the Russian State University of Justice F.G. Khasanshina, written in collaboration with the judge of the Arbitration Court of the Republic of Tatarstan I.A. Hassanshinim. In addition, this section contains a review of the V Jubilee Symposium, sponsored by representatives of the Kazan University GA. Valeeva, I.I. Korolev and N.N. Makolkin.
The magazine ends with the release of the Personalia section, which traditionally celebrates memorable events and dates, this time:
- 135 years since the birth of ordinary professor Valentin Aleksandro-
Vich Ryazanovsky;
- 95 years since the birth of Professor Nina Isaevna Klein;
- 95 years since the birth of Professor Alexander Frolovich Kozlov;
- 95 years since the birth of professor Maria Sumbatovna Shakaryan;
- 65 years old to Professor Natalia Andreevna Gromoshina.