Preparation of Civil Case for Trial in the Russian Civil Procedure
Law reform, implemented in Russia affects different aspects of legal activity. Changes also occurred in the organization and working conditions of courts and in realization of justice. The procedure of case preparation for trialhad also much improved. However, chenges in the legal regulation at pre-trial stage date to 2002. Despite the fact that legislator gave a new role in the process as a whole, many sceintists in their research repeatedly considered the pre-trial stage as the subject of critical analysis. Indeed, large potential of stage of case preparation for trial, as well as the experience of civil procedure in foreign countries, was omitted by legislator. And no matter how insulting it could be, this procedure stage remains to be so for already more than 10 years. Therefore, it seems reasonable to consider the very key points in the formation of case preparation at the procedure stage and as an institution of civil procedure law and to indicate the tendencies in the development of rules in this area.
The article deals with the issues of responsibility in civil procedural law from the point of theory and methodology of the contemporary jurisprudence. The article gives a new interpretation of the system of legal responsibility and the role of the civil procedural responsibility in this system. The mechanism of procedural responsibility is interpreted through the concept of contempt to court.
The article is devoted to the problem of determining the legality and validity of judicial decisions, the correlation of national standards of fairness act in a civil trial with the standard of a fair trial. The author analyzes the novel in a civil procedural law for compliance with the international obligations of the Russian Federation in the field of human rights, reproduced in Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
This Chapter provides a general overview of voluntary jurisdiction in Russia. The authors analyse history and current state of this legal phenomenon. The main issue, as authors see it, is the lack of a uniform concept of the Russian voluntary jurisdiction in theory and in practice. In the Chapter authors proceed on the basis that voluntary jurisdiction applies to both substantive and procedural law, within the public and private domain alike and include in the concept of voluntary jurisdiction the three most important areas of legal regulation: court activities conducted in the form of considering non-contentious civil cases; the activities of notarial authorities relating to certification of various circumstances having legal significance, establishing indisputable rights and facts, performing protective notarial acts and the so-called “registration activity” (for ex. civil registration, registration and maintenance of registers of legal entities and other organizations and state registration of rights to real estate).
The already existing in the learned community manifold positions on the matter of the nature of the legal relationship in the enforcement proceedings are represented in the article.
This book offers an analysis of the history, legal basis and developments in voluntary jurisdiction in a large number of jurisdictions. Authors discuss the terminology, the nature of voluntary jurisdiction, the recent development, the regulatory basis like actors and forums as well as the scope and procedure including effects, appellation and execution of voluntary jurisdiction in the named countries. In the end provides the fresh statistics, problems, outcomes, reforms and visions.