Problems of improvement civil law

Review of the Conference "Problems of Improvement of Civil Law" (Moscow, October 28, 2009)

On October 28, 2009, 4 Annual scientific readings of Professor S.N. took place at the Institute of Legislation and Comparative Law under the Government of the Russian Federation. Married on the topic "Problems of improving civil legislation." The reports at the conference spoke a number of leading civilist scientists in Russia. The topics of most reports related to issues and problems arising from the work initiated on improving the first part of the Civil Code of the Russian Federation. The first part of the Civil Code of the Russian Federation was adopted fifteen years ago, and during this period, which had to form a market economy, much changed. The code remained the same, today it does not fully meet the realities of the day, therefore it was necessary to improve the civil legislation of the Russian Federation.

In the introductory word, director of the institute, corresponding member. RAS, Honored Lawyer of the Russian Federation, Professor, Doctor of Law, Ti. Khabriyova noted that in addition to Russia's scholars in the conference, representatives of six foreign countries take part: Belarus, Ukraine, Kazakhstan, Moldova, the Czech Republic, Switzerland.

First Deputy Chairman of the Council of the Research Center of Private Law under the President of the Russian Federation, Deputy Chairman of the Council under the President of the Russian Federation on Codification and Improvement of Civil Law, Honored Worker of Science of the Russian Federation, Professor, Doctor of Law A.L. Makovsky dedicated his speech overall characteristic Concepts for the development of civil law. A.L. Makovsky noted that this concept differs from other concepts in nature, objectives and in terms of volume, it does not provide for the deadlines and periods of its implementation, does not formulate general development trends, but consists of very specific proposals. The first part of the Civil Code, namely, chapter 4 "Legal entities", contains rather large drawbacks: the joint existence of a limited liability company and closed joint-stock companies, the division of joint-stock companies to open and closed, the existence of non-educated societies with additional responsibility.

The code is also not enough regulates real estate related issues (land and other immovable property). Accordingly, as noted by the Rapporteur, first of all it is necessary to modify the first part of the CC.

A.L. Makovsky introduced the participants of the conference with the results of the meeting of the concept of developers with the President of the Russian Federation. In his speech, the President stated that he was not indifferent to the fate of the Civil Code, noted those provisions of legislation that need to be improved, and proposed to prepare a draft change of the first part of the Code until mid-2010. The speaker noted that the second section of the GC will undergo cardinal changes, it will increase, maybe twice the number of articles. A whole block of personal non-property rights appear. In the obligatory right of change will be a point in nature, with the exception of the rules. There will be changes to the norms about bank transactions, the contract for the paid provision of services is thoroughly converted, which is currently having to-rescue. Changes will affect the system of civil law. So, at present, about thirty laws are named in the Civil Code, but not all laws have been published, some laws are not even needed, for example, the law on property seized from turnover. A.L. Makovsky noted that it will be necessary to adjust the system of laws, then hardifying them in the Civil Code by concrete references. All these actions will ensure the stability of civil law.

The concept of improving legislation on legal entities was presented at the Conference by the Deputy Chairman of the Council under the President of the Russian Federation for the codification and improving civil legislation headed by the Department civil law Moscow State University MV Lomonosov, Honored Worker of Science of the Russian Federation, Professor, Doctor of Law, E.A. Sukhanov. The speaker identified three main issues that need to be solved in the development of new standards. The first question is legislation on legal entities. Currently, in addition to the Group, there are many laws on legal entities that contradict not only GK, but also to each other, a lot of laws on non-profit organizations, in an unsatisfactory state there is a law on joint-stock companies and limited liability companies. It is necessary to consolidate norms on joint-stock societies and limited liability companies in one law, and then to the Civil Code. E.A.Sukhanov noted that now in the Civil Code there is a closed list of commercial organizations and an open list of non-profit organizations, the latter needs to be streamlined without refining the content of the activities of non-commercial organizations. The speaker noted that there should be a limited number of forms, an exhaustive list of non-profit organizations, and if the non-profit organization is engaged in entrepreneurial activities, then it is necessary to limit this activity: if this is a university, then it may, for example, provide a paid education. The non-profit organization must have a minimum authorized capital if it wants to engage in entrepreneurship.

The second question is related to the simplification and unification of legal regulation, which should be two-level.

The third issue concerns tightening the requirements for the creation, reorganization and liquidation of legal entities, strengthening the property responsibility of their bodies and founders. Currently, three million registered in Russia in Russia are a limited liability company. Such a large number of limited liability companies exists due to the very liberal requirements of the legislation. But Ltd. is a form of existence of an average, not a small business. E.A.Sukhanov proposed to tighten the registration requirements, to include an item on the introduction of authorized capital only with money, prohibit the reorganization of non-profit organizations in commercial and vice versa, and also include a number of principal provisions on registration of legal entities in the Civil Code of the Russian Federation.

The concept of improving general provisions on liabilities was presented at the conference by the Deputy Chairman of the Supreme Arbitration Court of the Russian Federation, Professor, Dr. Legal Sciences V.V.vitryansky. He stressed that there is no need to fundamentally reform the general provisions on obligations. The task that is facing developers is to eliminate existing gaps. Thus, the differentiation of obligations into separate types is necessary: \u200b\u200bcontractual, continctive, delicate, the introduction of the rules on the obligatory legal relations, the distinction between the obligatory legal relations from others. It is also necessary to positively resolve alternative, optional, natural obligations.

Article 320 of the Civil Code of the Russian Federation should be improved: in an alternative obligation, the right of choice should be for the debtor, but if he has not implemented this right, then the choice for the lender. Article 314 of the Civil Code of the Russian Federation should also be improved: the obligation must be executed within a reasonable time, if a reasonable time cannot be determined, then the obligation must be executed within seven days from the date of the claim with the creditor. It is necessary to supplement Article 316 of the Civil Code of the Russian Federation Rule regulating the place of execution monetary obligation With cashless calculations: It is proposed to consolidate the existing practice that admission money The creditor bank's correspondent account is the execution of a monetary obligation in non-cash settlements and, accordingly, the place of execution is the place of the bank of the lender.

Changes will also occur in the regulatory regulation of the bank guarantee: it is assumed, firstly, to remove restrictions on the subjects and, secondly, make a bank guarantee independent of the main obligation. The speaker also noted that it is necessary to resolve predicate contacts of the parties and establish responsibility for unfair behavior.

Speech by Dr. Legal Sciences, Professor, Head of the Civil and Family Law, Mcua V.P.Molin, was devoted to the analysis and study of three questions: 1) In what state is the Civil Code of the Russian Federation; 2) about the complexity; 3) What should be the Civil Code of the Russian Federation.

The speaker noted that the civil code regulation zone is reduced, but the Civil Code must be saved. He needs a connection with comprehensive legislation, and this problem of communication is worth not only in Russia, but also in Western countries. IN western countries Comprehensive legislation goes aside and exists either in the form of acts or in the form of applications to the Trade Code. The speaker noted that compared with the continental right, the Anglo-American right turned out to be more survivable, in particular, due to the complexity, because there exists separately bank law, separately shareholder law, etc.

V.P.Molin also indicated that there are two groups of legal relations: clearly civil or, for example, tax, but also there are also comprehensive norms. Thus, Article 223 of the Civil Code of the Russian Federation, regulating the transfer of ownership of real estate, is an example of such a comprehensive norm: it also traces civil-legal motives in it, but at the same time, the administrative and legal norm. Accordingly, the question arises: where, in what act should there be comprehensive norms?

V.P.Molin noted that it is impossible to remove private from the land code legal norms And leave only public-legal. Private and public norms must go together. There are norms of clearly civil laws, which are contained in the Civil Code, the other norms must be duplicated in land and in Labor Code. The speaker also proposed that civil law standards in other codes so that other legal relations can be monitored in this way.

With the following report at the conference, L.A. Novosylova, the judge of the Supreme Arbitration Court of the Russian Federation. The report was devoted to financial transactions. The speaker noted the existence of the problem of protecting the conscientious acquisition of a number of assets: the rights of claims not enshrined on paper, the liability of the person who conveys the requirement. If in European concepts the institute of guarantees of the initial lender is designed, then in the Russian concept - no. In the Russian Civil Code, there is no detailed settlement of the debtor's protection issues, and therefore the debtors actively counteract the transition to a new person, as they consider it potentially dangerous for themselves. Accordingly, there is a task in the legislative order to maximize the stability of the debtor's position. So, if the lender is inferior to several persons the same right, the debtor must fulfill the one who has sent him a notice, if the right is inferior consistently, the debtor performs execution to the last lender.

L.A. Novosylova also stopped on the problem of inclusion in the turnover of future requirements. Today it is possible to yield only the existing requirements of the claim. In the Western practice, the concession of future rights of claim is allowed, and such a concession is in demand by turnover. As soon as the Code of the Russian Federation will provide a concession of future requirements, the question of the moment of transition of the future right of claim will immediately rise. There are two approaches:

1) the future right goes when it really originated;

2) The future right goes when a transaction took place on the transfer of future law.

Developers of the concept for commercial transactions chose the second approach.

Turning to the question of the protection of the rights of the acquisition of law, the speaker led to an example of the situation when the right was transferred by invalid transaction And then transferred further, and also noted that a special way to protect for non-documentary securities is needed.

On the topic of protection of civil rights, in accordance with the concept of the development of civil law, headed by the Department of Entrepreneurial Legislation of IISP, Candidate of Law Sciences OV Grazovignev. The speaker noted that the concept proposes to introduce the principle of good faith, which should permeate all the rules of the Civil Code. The concept is detailed by an understanding of the "abuse of the right": any unfair behavior is the abuse of the right, it is proposed to expand the list of civil rights protection methods, such new ways of protection appear, as recognition of invalid decisions of meetings of participants in joint-stock companies or limited liability companies, recognition of transactions negligible, recognition of contracts Unclosed.

The speaker noted that in Article 12 of the Civil Code, the list of civil rights protection methods should be left open and providing that other protection methods cannot be applied. However, this should not concern the material and legal ways to protect civil rights: a list of these methods should be clearly defined, as the real rights themselves. Head of the Agricultural, Environmental and Nor Purification Legislation of the Isispr, Honored Worker of Science of the Russian Federation, Professor, Doctor of Law S.A. Bogolyubov made a report "Land Legislation and the Concept of Development of Civil Law". In his speech, S.A. Bogolubov stressed that the proposal to translate a significant number of rules from the land code to civil will cause practical difficulties, as it will be necessary to recycle a significant number of rules.

Head of the civil law and process of IsisP, Honored Lawyer of the Russian Federation, Candidate of Law Sciences V.N.Litovkin made a report "Housing legislation and the concept of civil law development." The speaker noted that housing legislation is an inter-sectoral association mainly civil law, as well as administrative and family content. Housing legislation is a branch of law, derived to the main industry - civil law.

V.N.Litovkin noted that there is no general decision in the GC, and there is an individual approach to individual industries: according to housing legislation, the Civil Code regulates only the contract for hiring residential premises. According to the Rapporteur, the contract of hiring residential premises must be transferred to the Housing Code.

After the main reports, the debate began, in which, in particular, the Cand. jurid sciences, judge of the Arbitration Court of the Krasnodar Territory S.V. Morgunov; Rector of the Udmurt State Security Council SD Buntov; dr. Jerical. Sciences, professor, head. Department of the Russian Legal Academy of Minister E.V. Bogdanov; Dr. Jeric. Sciences, professor, head. Department of RGAU-MSC. K.Timiryazheva G.E.Bastrov; head Department commercial law Moscow State University M.V. Lomonosova B.I. Puginsky; G.S. Izisp N.I. Kleyin; head Department of International Private Law Izisp N.V.Doronin.

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1 Institute of Legislation and Comparative Law under the Government of the Russian Federation MA Rozhkova, M.E. Glakova, MA Savina Actual problems of unification of civil procedure and arbitration procedural legislation Monograph under the general edition of MA Rozhkin Moscow 2015.

2 UDC BBK P63 Recommended for the press by the Scientific Council (Section "Private Law") Institute of Legislation and Comparative Law under the Government of the Russian Federation Reviewers: Zhukov Viktor Martenianovich Doctor of Law, Professor, Honored Lawyer of the Russian Federation, Deputy Chairman Supreme Court RF in retirement, head of the Center for Private Study Research Institute of Legislation and Comparative Law under the Government of the Russian Federation Skvortsov Oleg Yuryevich Doctor of Law, Professor of the Department of Commercial Right of the Law Faculty of St. Petersburg State University R63 Rozhkova MA, Glazkov M.E., Savina M .BUT. Actual problems of unification of civil procedure and arbitration procedural legislation: monograph / MA Rozhkova, M.E. Glakova, MA Savina; under total. ed. MA Rozhkova. M.: Institute of Legislation and Comparative Law under the Government of the Russian Federation, p. ISBN ??? The unification of civil procedure and arbitration procedural legislation is discussed by the scientific community since the creation of a dualistic system of resolving civil disputes and disputes arising from public relations in the Russian Federation arising from public relations (vessels general jurisdiction and arbitration courts), i.e. For more than two decades. The work submitted to the reader is based on the study of competing procedural doctrines. Theoretical aspects of the merger of civil procedural and arbitration procedural law in the Russian legal system occurring within the framework of the next stage of the judicial reform are covered. The peculiarity of this publication is that, trying to get out of a simple comparison of the texts of the Code of Civil Procedure of the Russian Federation and the APC RF, the authors analyze positive and negative experience in legislative consolidation of basic guarantees of a fair trial in the context of generally accepted justice standards. As a starting point of study, the practice of the European Court of Human Rights is elected, which is important when reforming the Russian jurisdictional system. From a practical point of view, an analysis of the concept of concepts, on the basis of which regulation is drawn up and in relation to the interpretation of which there are difficulties, for example, the question of the ratio of "competence", "jurisdiction", "jelliness". For participants of the lawmaking process, practicing lawyers, researchers, as well as graduate students, teachers and students of legal universities. UDC ISBN ??? Institute of Legislation and Comparative Law under the Government of the Russian Federation, 2015

3 The Institute of Legislation and Comparative Law Under The Government Of The Russian Federation M.A. Rozhkova, M.E. Glazkova, M.A. Savina Acute Issues of the Civil Procedure and Arbitrary Procedure Legislation Unification Monograph Editor-in-Chief M.A. Rozhkova Moscow.

4 Recommended by the Scientific Council (Private Law Section) of the Institute of Legislation and Comparative Law under the Government of the Russian Federation Readers: Zhuikov Victor Martenianovich doctor of law, professor, honored lawyer of the Russian Federation, Deputy Chairman of the Supreme Court of the Russian Federation (retired), head of private research center of the Institute of Legislation and Comparative Law under the Government of the Russian Federation Skvortsov Oleg Yurievich doctor of law, professor of the Commercial Law Chair of the Law Faculty of the Saint-Petersburg State University Rozhkova Ma, Glazkova Me, Savina Ma Acute Issues of The Civil Procedure and Arbitrary Procedure Legislation Unification. Monograph / Editor-in-Chief M.A. Rozhkova. M.: The Institute of Legislation and Comparative Law Under the Government of the Russian Federation. 304 p. The Present Issue Highlights The Key Aspects of Current Changes in the Civil Legal System Alliance of the Civil Procedure and Arbitrary Procedure Law Induced by The One Of Stages of Judicial Reform. The Monograph Consists of the Features Dedicated to the Some Acute Unification Problems of Legal Regulation of Procedure In Courts of General JuriSdiction and Arbitration Courts in Russia. Peculiarity of the present issue is concluded in fact that the authors suggest to readers results of analysis of positive and negative experience of legal regulation of fair trial guaranties in context of universally received standards of justice as opposed to the simple comparison of the Civil Procedure Code of The Russian Federation and Arbitrary Procedure Code of the Russian Federation. The publication is addressed to the participants of legal framing process, lawyers, specialists of the procedure law as well as post-graduate students, lecturers and students of law universities .. The Institute of Legislation and Comparative Law under the Government of the Russian Federation, 2015.

5 Author's team of Rozhkova Marina Aleksandrovna Doctor of Law, Professor of the Civil Law Department and Department of Intellectual Rights of the Moscow State Law University. O.E. Kutafina (MGU), Chief Researcher of the Institute of Legislation and Comparative Law under the Government of the Russian Federation Dedication to N.I. Klein, Introduction and Conclusion (together with M.E. Glazkova, M.A. Savina), Essay 1 (together with M.Eye. Overall), Essays 2, 5, 6, 7, 12 Glakov Maria Evgenievna Candidate of Law, Senior Researcher at the Institute of Legislation and Comparative Law under the Government of the Russian Federation Dedication to N.I. Klein, Introduction and conclusion (together with MA Rozhkin, M.A. Savina), Essay 1 (together with MA Rozhkova), Essays 4 (together with MA Savina), Essays 3, 9, 11 Savina Maria Andreevna Junior Researcher at the Institute of Legislation and Comparative Law under the Government of the Russian Federation Dedication to N.I. Klein, Introduction and Conclusion (together with MA Rozhakova, M.Eye. Overall), Essay 4 (together with M.Eye. Overall), Essays 8, 10 Authors Rozhkova Marina Aleksandrovna Doctor of Law, Professor of the Civil Law Chair and the Intellectual Rights Chair of the Kutafin Moscow State Law University, chief research fellow of the Institute of Legislation and Comparative Law under the Government of the Russian Federation Foreword and Introduction (in co-authorship with ME Glazkova, MA Savina), feature 1 (In Co-Authorship with Me Glazkova), Features 2, 5, 6, 7, 12 Glazkova Maria Evgenievna Candidate Of Law, Senior Research Fellow of the Institute of Legislation And Comparative Law Under The Government Of The Russian Federation Foreword and Introduction (In Co-Authorship With Ma Rozhkova, Ma Savina), Feature 1 (in Co-Authorship With Ma Rozhkova), Feature 4 (in Co-Authorship With Ma Savina), Features 3, 9, 11 Savina Maria Andreevna Junior Research Felow of the Institute Of Legislation And. Comparative LAW Under The Governments of the Russian Federation Foreword and Introduction (In Co-Authorship With M.A. Rozhkova, M.E. Glazkova), Feature 4 (in Co-Authorship With M.E. Glazkova), Features 8, 10 7

6 Contents taken abbreviations N.I. Klein Introduction Essay 1 Fundamentals for the Unification of Proceeding Legislation of Essay 2 Problems of Disposal Competence of Courts in the Conditions of the Essay Trial Problems 3 Problems of Supply of Accessibility Essays 4 Problems of Regulatory Definition of Court's Powers and the Practices Participating Essay Faces 5 Problems of Legal Regulation of Security Councils in Civil and Arbitration Essay processes 6 The problem of legal regulation of content and announcement judicial decision, as well as a special opinion of the judges of the essay 7 problems that prevent the conclusion of the settlement agreement within the framework of civil and arbitration processes of the essay 8 The problem of the separation of the sketch of the essay 9 problems regulatory regulation Production on cases arising from public relations Essay 10 Problems of regulation of accelerated forms of judicial exercise Essay 11 Problems of reforming test procedures 12 Problems of legal regulation and specificity of production by newly discovered circumstances Conclusion

7 Table of Contents List of Acronyms Dedication to N.I. Klein Introduction Feature 1 ... The Bases of Procedure Legislation Unification Feature 2 Problems of Distribution of Courts Powers in Context of Current Judicial Reform Feature 3 Problems of Accessibility of Justice Guarantees Feature 4 Regulatory problems of defining the powers of the court and entitlements of persons involved in the case Feature 5 Problems of Interim Measures Legal Regulation in Civil Procedure and Arbitrary Procedure Feature 6 Problem of Legal Regulation of Decision Content and Its Pronunciation and Judge s Special Opinion Feature 7 Problems Preventing Conclusion of Voluntary Agreement on Civil Procedure and Arbitrary Procedure Feature 8 Problem of Separation of Procedure type Feature 9 Problems of Legal Regulation of Proceedings in Relation to Cases on Public Relations Feature 10 Problems of Constitution of Simplified Form of Justice Feature 11 Problems of Reformation of Examination Procedures Feature 12 Problems of Legal Regulation and Specific Character of Proced. URE OF NEWLY DISCOVERED FACTS CONCLUSION

8 accepted reductions of the APC RF Arbitration Procedure Code of the Russian Federation of the Russian Federation of the Russian Federation Supreme Arbitration Court of the Russian Federation Vestnik of the Russian Federation Journal of Higher Arbitration Court Russian Federation »Sun of the Russian Federation Supreme Court of the Russian Federation of the Civil Code of the Russian Federation Civil Code of the Russian Federation Code of Civil Procedure of the Russian Federation Civil Procedure Code of the Russian Federation RF Constitutional Court RF FZ Federal Law FKZ Federal Constitutional Law 10

9 Light Memory of Nina Isaevna Klein Colleagues, Mentor and Professional () Idea complex research Procedural legislation in force in the field of civil and arbitration processes, assessing the prospects for the unification of the norms regulating similar procedural relations, and the search for optimal options for eliminating gaps and the resolution of the contradictions between them was significant before the new stage of the judicial reform. It would seem that the topic repeatedly passed by procedural science on the unity of the process, unification or differentiation of the elements of the judicial system does not leave the unknown and part of the object of the study. However, the novelty and the relevance of the problem in recent years consisted precisely in the monitoring of inevitable changes. The inspiration of this book was our tireless professor Nina Isaevna Klein. In recent years, up to the most recent months of life, she did not give rest or others in an attempt to find and substantiate the optimal variants of the systemic development of the civilistic process. Having half-century experience of scientific and practical work in this area, adopting the most active part in the formation of a modern system of arbitration courts and regulatory framework Their activities, Nina Isaevna could not calmly respond to endless lawmaking initiatives that torment APK and GPC outside the system relationship (excluding not only the actual needs of carriers of the right to judicial protection, but also the real possibilities of the existing judicial system), nor the erasing of the boundaries of the material and procedural law that occurs as a result of a free and unjustified inclusion of procedural norms into sectoral (material) legislation. It is no secret that the professor advocated an enemy of the ideas of adopting a single code for all types of the process, as well as the absolute merger of the elements of the judicial system. Instead of eliminating the specifics of civil or arbitration processes under the brand of "unification", she paid attention to the need for their rapprochement on certain fundamental directions. Among the main points of contact, she called questions by concluded- 11

10 cases, procedural terms or efficiency of the process, ensuring its competitiveness and dispositionability, subject line, the allocation of the specifics of proceedings arising from public relations, the instance of the judicial system and the execution of judicial acts. These key aspects of the development of procedural legislation, the professor noted at least fifteen years ago 1, and the feasibility of their use in the bill activities still remained. Their relevance is not lost, despite the array made over the past time. legislative changes. This is due to the fact that the "newest" international Standards Justice demands from states permission at the national level. All the same problems: refusal to access judicial protection due to the insufficient certainty of the authority of the courts, mass violation reasonable deadlines legal proceedings, lack of equal opportunities for the implementation of procedural rights (including their dependence on discretionary powers) and direct participation in the judicial process, implementation judicial control For the public administration, complicated verification procedures and the existence of prerequisites for legal uncertainty, as well as illusion of judicial protection due to the non-fulfillment of final judicial acts. And unfortunately, for specialists it seems obvious that as such as the union of the highest courts, heading the two branches of the Russian judicial system, these significant problems are not allowed. 1 See: Klein N.I. The concept of the development of arbitration procedural legislation // Concept for the development of Russian legislation. Ed. 3rd, recreation. and add. M.,

11 Introduction On February 5, 2014, the rule of law entered the system of law of the Russian Federation, which established significant changes in the foundation of the functioning of the judicial system and, as a result, legal system The countries as a whole, as they initiated the next stage of the ongoing reform of the civilistic process. On this day, amendments to the Constitution of the Russian Federation were adopted, on the basis of which the system of courts of general jurisdiction that previously existed independently of each other were combined into a hierarchical structure headed by one governing body. According to changes made to ch. 7 of the Constitution of the Russian Federation, the Russian Federation was abolished, and its functions and powers were transferred to the updated Armed Forces of the Russian Federation 1, constitutional bases legal status which was developed in an independent law 2. Upon completion of the transition period (from August 6, 2014), the Armed Forces of the Russian Federation became the only senior judicial body for civil cases, permitting economic disputes, criminal, administrative and other cases. In relation to the field of administration of justice, arising in the implementation of entrepreneurial and other economic activities, its authority includes consideration as a court of first instance of cases, previously relate to the competence of the Russian Federation (Article 34 of the APC RF), as well as oversight of activities Arbitration courts (for which its composition provides for the creation of a judicial board on economic disputes) and the giving clarification on judicial practice. Thus, as noted at the official level, an attempt was made to ensure the unity of the judicial system and the uniformity of law enforcement activities of Russian courts. As follows from the explanatory note to the draft law on amendments 3, the comments of the highest officials, Representatives of the highest state bodies and expectations of a number of representatives of representatives of pro- 1 See: The Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of February 5, 2014. 2-FKZ "On the Supreme Court of the Russian Federation and the Prosecutor's Office of the Russian Federation" // NW of the Russian Federation, St Call: FKZ dated February 5, 2014 3-FKZ "On the Supreme Court of the Russian Federation" // SZ of the Russian Federation of Art, see: Passport of the draft law on amendment to the Constitution of the Russian Federation "On the Supreme Court of the Russian Federation and the Prosecutor's Office of the Russian Federation" // ATP "ConsultantPlus " 13

12 MA Rozhkova, M.E. Glakova, MA Savina The Fessional Legal Community, adopted and already implemented by the political decision aim to perform the following tasks: Improving the judicial system of the Russian Federation and strengthening its unity (simplifying the interaction of the elements of the judicial system, increasing the level of efficiency of its activities); ensuring the unity of approaches when administering justice, both in relation to citizens and in relation to legal entities; The elimination of the possibility of refusal to judicial protection in the event of a dispute about the subordination of the case; Establishment general rules organization of legal proceedings; providing uniformity of judicial practice (elimination of "parallelism" in the activities of the two branches of the judicial system, the possibility of the existence of opposite (mutually exclusive) court decisions); the introduction of the practice of ensuring information openness established in the system of arbitration courts into the activities of courts of general jurisdiction, ensuring transparency (clarity) and the availability of the judicial system for the population; Reduction of the numerous apparatus, etc. President of Russia, answering questions in the framework of the V annual investment forum "Russia calls!" 1, said that russian authorities There are no plans to complete the merger of arbitration courts and courts of general jurisdiction due to the inexpediency of such a measure. At the same time, the provisions of the Amendment Amendment formally indicate the estimated erasure of the borders between civil and arbitration processes: the editors of paragraph "O" was changed. 71 of the Constitution of the Russian Federation, relevant to federal maintenance as a whole, "procedural legislation". In addition, a working group for the preparation of the concept and project of the new Code of Code of Civil Procedure of the Russian Federation is operating 2. 1 URL: representatives of the State Administration of the President of the Russian Federation in the framework of the meeting with experts for organizing economic cooperation and development at the round table "Reforming administrative proceedings in the Russian Federation", of the Ministry of Economic Development of Russia on October 25, 2013 2 consisting of 14 people, including experts in the field of civil, arbitration and administrative processes, representatives of legal science from leading Russian universities, constitutional, supreme, arbitration courts intellectual Rights. 14

13 Introduction It should be noted that the reform of the civil procedure can be considered in two aspects: first, it is reforming the judicial system itself; Secondly, the improvement of the judicial procedure, ensuring the rapid and fair resolution of conflicts 1. At the first stage, the reform process went on the first way to change the structure of the judicial system in the Russian Federation. The amendments made to the legislation on the judiciary concerned mainly withdrawing the mention of the Russian Federation. In addition, it is planned to rename the federal arbitration courts of districts into the "Arbitration Courts of Okrug", although in essence at this stage their competence of changes has not been underway 2. However, the provision of fair, affordable and effective justice in the face of the functioning of the new structure of the judiciary is impossible without coordinating the procedure for consideration of disputes , that is, directly without adjusting the norms of the procedural law. Procedural legislation and legislation on Judiciation are closely related, since the process (legal proceedings) is carried out in the system of those courts that are established by the legislation on judiciality, and the courts established by this legislation carry out their activities in those forms that are established. procedural law 3. Based on this, the change in the legislation on judiciality inevitably leads to changes in procedural legislation. First of all, attention should be paid to the fact that existing civil procedural and arbitration procedural legislation differ in a number of issues of the procedure for the implementation of legal proceedings, appealing judicial acts, the implementation of a number of principles of the process, etc. higher instance For two heterogeneous from the point of view, 1 See: Klein N.I. Judicial reform and development of arbitration procedural legislation // Judicial reform in Russia: problems of improving procedural legislation: based on materials scientific and practical conference (Moscow, May 28, 2001). M., with see: FKZ dated June 4, 2014. 8-FKZ "On Amendments to the Federal Constitutional Law on Arbitration Courts in the Russian Federation and Article 2 of the Federal Constitutional Law on the Supreme Court of the Russian Federation" (entered into force on August 6 2014). 3 See: Zhuykov V.M. General concept of development of procedural legislation and legislation on judicial // Magazine russian law FROM

14 MA Rozhkova, M.E. Glakova, MA Savina instant structure of the branches of the judicial system does not affect the establishment of general proceedings in them (which is called as one of the tasks of the amendments made). Eliminate the existing differences by giving clarification by the highest court will not allow constitutional principles separation of authorities commitment current law For all state authorities and subordination of judges of the Constitution of the Russian Federation and federal law. In this regard, either "duality" of the procedural activities of a single senior judicial body according to the same issues arising in the practice of courts of general jurisdiction and arbitration courts, or the need for urgent revision of procedural legislation (in order to bring it in line with the realities of the judiciary organization ). In this regard, it seems that further reforming of the procedural legislation should be aimed at the unification of civil and arbitration processes, and not on a banal deprivation legal force One of the Codes with the transfer to the Designed Unified Code of the individual chapters missing in the CCP. In the scientific literature, it was repeatedly indicated on the need to rapprocherate the branches of the civil procedure. N.I. Klein paid attention to the fact that the institutes of the same name should receive the same regulation. The other decision should be used when there is really a need for this depending on the subject of the dispute 1. V.M. Zhukov noted that the procedures for consideration of cases in the courts of general jurisdiction and arbitration courts must be as close as possible, there should be no unnecessary differences between the participants in civil and arbitration processes in an unequal position in solving the most important issues (initiation of cases, the entry into force of legal force , their appeal, etc.) 2. Despite the allocation of civil procedural and arbitration procedural law as an independent industries, G.A. Zhilin pointed to their conceptual unity, due to the uniform entity of the subject of judicial protection. Through the other procedural form, not only rights are protected, 1 See: Klein N.I. Decree. op. With See: Zhuykov V.M. Imperfection, sweeping failure // Patriotic notes with

15 Introduction arising from civil legal relations, but also subjective rights arising from administrative and other public legal relations, as well as from other material and legal relations 1. In this regard, it seems well-founded both in terms of the conceptual foundations and The positions of the practical circumstances of the development of the Russian legal system (and the judicial system of Russia as part of it) to talk about the need to establish uniformity in the regulation of the civil procedure. The latter, in our opinion, includes the activities of the courts of general jurisdiction and arbitration courts for consideration of cases arising from civilian (private) and public relations within the framework of the civil and administrative proceedings. The reasons for the inclusion of "public" cases in a civilistic process should be said to be said: since the regulatory consolidation of guarantees of judicial protection against arbitrariness from representatives of public authority, Russian procedural legislation provided for the use of this method within the framework of legal proceedings regulated by the General Regulations of claims with separate features directly specified by law. Thus, the basis of the procedural order for consideration of cases arising from public legal relations is currently the norms regulating the process of consideration of civil cases. As long as domestic legislation does not fix a fundamentally different approach of regulatory regulatory regulation, the administration of justice under the mentioned cases can be considered as an element of the civil procedure. Consequently, the next step of reform is the unification of procedural legislation through a uniform legislative solution of a number of issues of administration of justice. The rapprochement of civil procedural and arbitration procedural legislation raises the question of the feasibility of introducing the rules and institutes of arbitration courts and institutes that have been inspected in the practice of courts of general jurisdiction, and vice versa 2. At the same time, historical prerequisites must be taken into account and conditions 1 See: Zilin G.A. Justice in civil cases: current issues: monograph. M., see: Klein N.I. The concept of the development of arbitration procedural legislation // Concept for the development of Russian legislation. M., S.

16 MA Rozhkova, M.E. Glakova, MA Savina Differentiation of civil and arbitration processes, objectively existing differences between them arising from the nature of cases (or legal relations, on which they are founded), referred to the competence of arbitration courts and courts of general jurisdiction. At the same time, in our understanding, the unification of procedural legislation means not the creation of completely authentic texts of the procedural codes, but establishing uniform regulation of homogeneous procedural relations. It seems that we should talk about the global revision of the norms of civil procedure and arbitration procedural legislation, taking into account the most successful decisions (effectively existing legal institutions), and not about a simple refusal of one of the codes. Thus, regardless of the choice of the source of consolidation of these solutions, the rules for the implementation of a civilistic process must be unified. Lighting cases requiring more advanced regulation to ensure the functioning in the near future of an updated judicial system, taking into account the generally accepted characteristics of a fair trial, and this monograph is devoted. eighteen

17 Essay 1 Basics of Unification of Procedural Legislation The need for unification domestic legislationregulating a civilistic process, virtually no one for any doubt. This confirms both scientific literature and law enforcement activities, especially the practice of the CS RF. However, it is extremely important with the theoretical, and from a practical point of view, the answer to the question is, on the basis of which such a significant work for the legal system should be implemented. As the analysis of legislative initiatives in the field of procedural legislation showed over the past couple of years (based on explanatory notes attached to them), usually the legislator prefers to follow the path of least resistance: choose one act (procedural code) as a sample and "correct" on it second. And equally, this refers to both the APC RF and to the Code of Civil Procedure of the Russian Federation. Often the same tactics hold in modern dissertation research In the area of \u200b\u200ba civilistic process, motivating the need to make changes to the regulation of certain procedural relations by the fact that this is provided for by the other Code, and therefore requires a "unified approach". The lack of such a path seems obvious. None of the regulatory legal acts operating in Russia have never been recognized as the legal community of the standard. Even the country's constitution is often criticized for the inaccuracy of some formulations, leading to differentials in the interpretation of its provisions, even the projected "law on laws", the discussion of which is no longer the first decade continues, cannot become a model of regulatory regulation. In addition, if one of the compaable codes was the ideal of regulatory regulation, then, apparently, the need for unification would not be advisable to simply extend its effect on all procedural relations, and not to multiply the same type legislative acts. Undoubtedly, if such an option was optimal, the last Code of Civil Procedure of the Russian Federation and the APC of the Russian Federation would not exist in parallel more than ten years, and the APC of the Russian Federation in the independent status of more than twenty. nineteen

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Accessibility and effectiveness of civil proceedings: urgent problems and ways to solve them

The effective functioning of the judicial branch of state power depends on the successful implementation of a whole complex of economic, organizational and legislative measures. The main ways of their implementation are scheduled in projects of programs developed by the court department at the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation, taking into account the opinions and proposals expressed on the pages of legal literature, during discussions at scientific and practical conferences, and the congresses of judges of the Russian Federation. Many proposals relate to, in particular, the availability and effectiveness of the judicial protection of civil rights and political freedoms, the need to change the judicial system of Russia, the adoption of new procedural codes, etc. The problem of the availability and effectiveness of civil proceedings was relevant at all times. In order to try to figure it out in it, you need to consider a number of questions that will help to understand the essence of this problem and its specifics.

On the issue of improving the judicial system
Over the past ten years, the Russian judicial system has undergone major changes. The Constitutional Court of the Russian Federation appeared and arbitration courts, the subjects of the Russian Federation were presented the right to create authorized and global courts. Legislation on military courts was adopted, clearly determined their competence and organizational structure . From state district courts General jurisdiction brought legal executors, transferring the execution of judicial acts by the service of bailiffs included in the system of bodies of the Ministry of Justice . Listed organizational measures to improve the judicial system undoubtedly played a positive role in improving the availability and effectiveness of judicial protection.
During the discussions on the reform of the judicial system, many proposals were expressed on the creation of a branched system of specialized courts in the Russian Federation. Proposed, for example, create administrative Land labor , patent , and some other specialized courts (tax, juvenile, etc.). Certain grounds for such proposals gives Article 26 of the Federal Constitutional Law of the Russian Federation of October 23, 1996 "On the judicial system of the Russian Federation" . In addition, some authors in support of their proposals refer to the experience of other states (Germany, France, USA, Canada) who created a detailed system of specialized courts. Not denying, in principle, the idea of \u200b\u200bcreating specialized vessels in the Russian Federation itself, I still wanted to note the following.
First, the practical implementation of the idea of \u200b\u200bthe organization in Russia of specialized courts is partly a fragile fact. The proof of this is arbitration courts, considering disputes from civil and administrative legal relations arising in the field of entrepreneurship, military courts, the competence of which is significantly expanded in part of civil proceedings, as well as the world courts currently created by the constituent entities of the Russian Federation, the "specialization" of which lies in Consideration of relatively uncomplicated civil, administrative and criminal cases.
Secondly, supporters of the creation of specialized courts do not always take into account the fact that the practical implementation of their proposals will require the state of enormous material and financial costs that the Russian economy is currently to afford simply. Even the courts of general jurisdiction, considered in 2000 a record number of civil cases (over 5.1 million) and they do not receive sufficient material resources and personnel replenishment . Nevertheless, the Supreme Court of the Russian Federation made an initiative to create a four-star system administrative courtsto finance which not only billions of rubles will be required, but also the allocation of premises area many tens of thousands of square meters . In connection with the above, the question arises, is it wiser with such a serious economic situation of the state to spray the money allocated to them on the creation and financing of new judicial systems and is it better to send these funds to strengthen the existing judicial system?
Thirdly, the creation of any specialized court will require hundreds, and even thousands of judges who need to be well to understand the essence of those material and legal disputes that will be subject to trial (otherwise the idea of \u200b\u200bspecialization loses any meaning). And again the question arises: where to take such a number of specialists who should be not only well prepared on the subject of their professional activities, but also to answer certain business, ethical and other requirements for judges?
And finally, fourthly. And this is perhaps the main thing. The creation of a multitude of specialized courts will generate a real danger of arming disputes between them and possibly regardless. The judicial system will be unnecessarily fragmented that, as the Deputy Chairman of the Supreme Court of the Russian Federation, V. Szhuykov, is "extremely dangerous and, without exaggeration, threatens statehood as a whole, since it creates conditions that contribute to the non-fulfillment of federal legislation in the subjects of the Russian Federation" . Therefore, to the creation of specialized courts as one of the ways to improve the judicial system, it is necessary to approach very carefully and cautiously. It is possible to raise the question of creating a particular specialized court, only when there are relevant economic and legal prerequisites for this. About economic premises (availability of money, premises, etc.) has already been said. Legal prerequisites for the creation of specialized courts include the norms of financial law and intended for their "maintenance" of the norm of procedural law. It is very desirable at the same time, the availability of the practice of applying these material and procedural norms by existing courts.
Material and legal norms may relate to both one branch of law, as well as part of several sedes in their content. It is desirable that the material industries will also be encoded. Examples of such branches of law currently may be civil, family, labor law, governing by the methods of legal regulation of property and personal non-property relations, developing between equal entities. Taking into account the specifics of these material legal relations and in order for disputes from them to be considered in the court of general jurisdiction, the norms of civil procedural law were constructed, most of which focused in the Code of Civil Procedure of the Russian Federation (hereinafter - "GPC"). Therefore, the second mandatory prerequisite necessary to create specialized courts should be the presence of a codified procedural act, which should reflect the procedural features of consideration of cases from those material legal relations that are transmitted to the court. However, the procedural code can be developed and adopted simultaneously with the law on the relevant specialized court. Attempting to create a specialized court by adopting a law on a specialized court, in the absence of properly systematized material and procedural norms, immediately puts many questions about the legislator, the error-free solution will be very problematic - this is, for example, questions about the optimal system of newly created vessels, tasks and goals that they need to solve, competencies, jurisdiction, procedure for verifying the legality and validity of judicial acts, etc. and, finally, the creation of specialized courts should be preceded by a more or less long practice of consideration of cases for the group of material legal relations, which, in compliance with the norms of the procedural code. Considered by the courts of general jurisdiction in the order of a certain type of legal proceedings . The above prerequisites were fully manifested when creating an arbitration court system in the early 1990s. Thus, the majority of disputes considered by the state and departmental arbitration bodies were civilized and regulated and regulated by the norms of codified regulations (the foundations of the civil laws of the USSR and the Union republics, and the civil codecs of the Union republics, and somewhat later - parts 1 and 2 of the Civil Code of the Russian Federation) . There were norms of procedural law focused in the rules for the consideration of economic disputes by state policy authorities. There was a long-term rich practice of consideration of economic disputes permitted on the basis of the norms of material and procedural law. For these reasons, the creation and construction of the system of arbitration courts in 1991-1992. It was relatively easy and painless. However, despite the presence of the prerequisites, the originally created system of arbitration courts and the Arbitration Procedure Code of the Russian Federation could not fully meet the needs of practice, and therefore in 1995 a certain restructuring of the system of these courts and the rules of legal proceedings were required. It seems that the success of the re-reform of the arbitration court and proceedings was also facilitated by the fact that the State Duma on April 5, 1995 was made by one package at once two fundamental laws: FKZ "On Arbitration Courts in the Russian Federation", determined the system, structure and powers of arbitration courts, and Arbitration Procedure Code of the Russian Federation. Such experience of legislative work on the creation of specialized courts is being taken at the same time two interrelated and coordinated laws (about specialized courts and procedural code) can be considered as ideal. This approach enables the legislator in the law on the creation of specialized courts to establish their system, the structure and powers of each link of this judicial system, and in the procedural law (Code) to resolve the traditional issues for the regulatory act of such a level: about participants in the process, jurisdiction, jurisdiction, court expenses , timing, evidence, stages, reform of judicial acts, etc.
For some reason, the draft vessels are ignored by the Supreme Court of the Russian Federation for some reason to create a system of arbitration courts for the legislative and organizational measures to create a system of arbitration courts, a draft law on administrative courts in the Russian Federation in the State Duma. We believe that the adoption and practical implementation of this law is currently not undergoing no reason. Neither economic nor legal. Already the fact that for administrative courts of all levels will require hundreds of judges, tens of thousands of square meters of premises, hundreds of millions of rubles and other material resources who have no state, proves the lack of economic prerequisites. The lack of legal prerequisites can be justified by the fact that the norms (material) of administrative law, which should be a decisive criterion in determining the circle of cases, subordinate to the administrative courts, are very heterogeneous, separated and uncodected. An exception is the Code of Administrative Offenses, but it regulates a relatively narrow group public relationsassociated only with administrative responsibility. There is also no administrative procedural code, the adoption of which in the near future is very problematic due to serious disagreements in theory administrative law Regarding the subject, method and systems of this industry, the rights, circle of public relations, which should be regulated by the norms of administrative and procedural law, etc. Therefore, the draft law on administrative courts proposed by the Supreme Court of the Russian Federation as not taking into account the presence of serious economic and legal problems is currently not adopted. In addition, he needs a serious refinement in essence. Not by chance, by the way, the fact that critical comments on this project have already appeared in the press. .
So, from all the above, it can be concluded that due to the lack of necessary legal and economic prerequisites for creating an extensive system of specialized courts, the problem of the availability of judicial protection and increase its effectiveness should be solved by: a) the specialization of judges now existing courts (general, arbitration , military) and b) further improvement of civil procedural legislation, in particular by improving the types of civil proceedings.

On improving civil procedural legislation
In modern Russian legal literature, many proposals aimed at entering into civil procedural legislation of changes and additions to improving the efficiency and availability of judicial protection were expressed in order to increase the efficiency and availability of judicial protection. It is proposed, for example, to reduce the rates state duty Taking into account the material situation of the plaintiff (applicant) ; Enter conciliation procedures to resolve the dispute to the trial ; To resolve the procedure for consideration of new categories of civil cases (on emancipation, forced hospitalization of mentally ill) ; expand the jurisdiction of civil cases; provide for the obligatory provision of free legal aid; Provide in accordance with the substantive law norms, individual procedural regulations governing the proceedings arising from administrative and legal relations and much more.
Some previously expressed proposals for improving judicial activities in civil cases in terms of increasing its efficiency and accessibility have already received their practical embodiment. The inclusion in the Code of Civil Procedure of the Charges on the court order and correspondence decision, on appellate production to revise decisions and definitions of world judges; Changes in the whole group of ICP norms on jurisdiction, evidence, production in the courts of cassation and supervisory instance, etc. - this is not a complete list of legislative novels aimed at improving the effectiveness of judicial activities in civil cases. However, according to a fair remark of some procedural procedural changes in the Code of Civil Procedure, the problems of improving civil procedural legislation are not solved, and some changes and additions are even erroneous, since they are not always consistent with other provisions of the CCP .
The draft of the new Code of the Russian Federation is called up to solve the problems of efficiency and accessibility of justice in civil cases. We believe that this project should be based on a fundamentally new concept, which while maintaining justified the ideas of legality, competition and dispositions, must at the same time proceed from the fact that the new code should especially clearly regulate the balance between private and public interests. . Private interest should receive some benefits of judicial protection. In this regard, it is necessary to eliminate any obstacles that impede free and easy access to the court to anyone who needs judicial protection. So, private interest should be taken into account when determining the amount judicial expenditures, in addressing the issues of jurisdiction and jurisdiction, with the improvement of dispositative and communicative actions, with the substantiation and execution of judicial acts.
Measures to improve access to court and improving the effectiveness of justice in civil cases cannot be reduced only to the adoption of a new one even more perfect Code of Civil Procedure of the Russian Federation. As you know, the effectiveness of even good laws can be reduced to their poor use in practice. Therefore, measures should be taken to the fundamental improvement in the organization of judicial work. They should concern to improve the admission of citizens in the courts, the liquidation of red tapes in them when considering civil cases, the eradication of various procedural simplifications, admitted by the judges, the involvement of personnel of judges capable of their business and moral qualities to adequately, and so on.
Of course, in the new Code of Civil Procedure of the Russian Federation, the Regulations on the protection of public interest should be preserved and justified in practice. It is necessary, for example, to preserve the right of the prosecutor, state bodies, local governments to initiate civil cases, in cases where the interests of citizens, society or state require this. However, it should be clarified and indicated in the Code of Civil Procedure of the Russian Federation, in the presence of which government bodies could arise in the protection of the rights and interests of other (private) persons. It is advisable to expand and the rights of court for monitoring the legality of public legal actions and decisions of state bodies and their officials committed against citizens. Due to the fact that the norms of the current Code of Civil Code are extremely focused on the procedure for consideration of cases from administrative and legal relations, the norms of the new Code of Code of Civil Proof of the Russian Federation should be formulated as to become understandable to those who want to go to court for protecting and the judges themselves.

On improving the species of civil proceedings
The problem of the creation of specialized courts made on the agenda forces to see the idea of \u200b\u200bthe existing types of civil proceedings and, in particular, on whether their legal regulation of practitioners is responsible. The problem of the types of legal proceedings, being part of the general problem of improving civil procedural legislation, is allocated because in the theory of civil proceedings, it is clearly given insufficient attention, although this problem will contribute to improving the quality of justice to civil matters.
Insufficient attention types of proceedings are visible at least from the fact that even in the educational literature on a civil process, not all authors recognize the existence of proceedings , and those that recognize them do not always disclose the concept of the type of legal proceedings. . In different ways and the quantitative composition of the types of legal proceedings . Open questions and how effective the existing types of legal proceedings protect the material rights and interests of citizens and organizations, as well as what changes should be made to civil-procedural legal regulation of proceedings. Without pretending to give exhaustive answers to these issues, we note that the type of civil proceedings - this is a predetermined subject of trial and stipulated by the Civil Procedure Code, a special procedural procedure for considering certain categories of civil cases carried out by the court of first instance in order to optimally protect the material rights and interests of legally stakeholders who applied to court.
So, all types of civil proceedings are characterized by the fact that they are:
1) predetermined special group of material legal relationswho are subject to trial;
2) consist of a combination of civil procedural normsspecially adapted to consider the relevant categories of civil cases;
3) are listed in section (chapter) current civil procedural code;
4) Present a special procedural form consideration and permits of civil cases;
5) are carried out by the court first instance;
6) pursue the goal provide well judicial protection Material rights and interests that act as a subject of trial.
The main factor affecting the emergence of the type of civil proceedings (except for special) is the nature of the controversial material legal relationship, which is transmitted by a legally stakeable person to court. (Special production is predetermined by the requirement to establish a material and legal legal fact, and this fact should not be associated with the resolution of the dispute about the right). In addition, the principles of civil procedural law are influenced by the principles of civil procedural law, elected by the legislator, and the consistent and economic and economic considerations and some other circumstances. Therefore, despite the fact that any type of civil proceedings is a certain differentiation of the procedural form, it, as a rule, is subject to the action of most principles of civil procedural law, borrow its main institutions, as well as the procedural rights and obligations of civil procedural relations. Features inherent in a specific type of legal proceedings contribute to a more correct, rapid and fair resolution of those categories of civil cases that have a similar subject of trial.
As the practice of legislative work shows, the strategy of the legislator to improve the availability and effectiveness of justice has reduced not so much to the improvement of civil procedural legislation, but to the change in the judicial system of the Russian Federation with the simultaneous expansion of civil cases to the courts of general jurisdiction. The latter circumstance was the main reason for the overload of the courts, gave rise to Civil Cases, made it difficult for citizens and organizations to access justice.
To correct the current state, it is necessary to change the tactics of legislative work. From now on, it should be focused on not expensive and complex organizational events like creating a system of administrative courts, but to improving civil procedural legislation, in particular, types of civil proceedings. Combined with a small increase in the staff number of judges and conducting activities to specialize them, the proposed measures will contribute to a faster and effective protection of the violated or challenged rights and interests of citizens and organizations.
The main type of civil proceedings was the statement of claim. The legal nature of this type of legal proceedings is predetermined by the peculiarities of civil, family, labor and other material legal relations characterized by equality of subjects. Any participant in these legal relations, which considers the behavior of another participant illegal, can apply to the court and require the protection of its rights or interests. The means of exciting civil affairs is the lawsuit. The claim for the protection of law is characterized by the equality of the arguing parties, the action of the principles of competition and disposition. Now existing civil procedural legislation on artificial proceedings provides reason to support some proposals for its improvement.
It is necessary to introduce conciliation procedures in order to unload vessels from cases that can be resolved without a complex and expensive judicial procedure. . In connection with market transformations in the economy, there was a need for consideration of the so-called indirect and group claims. . Since the current Code of Civil Procedure is unclearly regulates the procedure for consideration of lawsuits in defense of the rights of an indefinite number of persons, this problem should also be solved in the new Code of Civil Procedure of the Russian Federation . It is advisable to differentiate the rates of state duties depending on the materialization of the plaintiff (V.Arkov) and introduce the norm on the so-called "social legal assistance" into the new CCP for insolvent citizens who need judicial protection. Require clarification of the norm on the form of participation of the prosecutor , state bodies, local governments, organizations and citizens who protect violated or disputed rights, freedoms and protected interests of others. In need of improving the institution of absentee decision, since now the acting contains many inaccuracies and contradictions.
The proceedings arising from the administrative legal (more precisely - public-legal relationship also requires serious refinement in the new Code of Civil Procedure of the Russian Federation.
The legal nature of the above-mentioned type of legal proceedings is predetermined by the peculiarities of constitutional and administrative legal relations acting as a subject of trial. These legal relations are characterized by the fact that they arise, as a rule, between a citizen, on the one hand, and an administrative (state) authority, on the other hand. These legal relations are the nature of power and subordination, since the administrative body or his official, consume power against a citizen by making any actions or decision-making with which a citizen may not agree. Therefore, the latter is the right to appeal against the decision or actions of the administrative authority (official). The peculiarity of the proceedings from administrative and legal relations is that the Court is designed not only to resolve the dispute between the citizen and the administrative authority (official), but also to monitor the legality of the actions of the administrative authority. This type of legal proceedings are primarily established in the interests of a citizen, which predetermines the presence of many procedural features. So, the case is excited by a citizen or a statement of a group of citizens or public organizations (on disputes relating to the election law). A citizen is relieved, as a rule, from paying state duty; Cases should be considered in abbreviations; The jurisdiction of cases was established at the place of residence of a citizen; The duty of evidence lies in the administrative body, etc.
At the same time, the imperfection and a certain inconsistency of a number of norms of the existing GIC should be noted. It is necessary to clarify the categories of cases from public-legal relations attributable to the jurisdiction of the court of general jurisdiction; For each category, specify the subject of evidence in the CCP; all applicants for cases relating to the appearance under consideration of proceedings, free from the payment of state duty; Save the rule of abbreviated trial timing of cases from public legal relations, indicating the specific periods of consideration of each category of civil cases; Provide the immediate execution of court decisions by providing arguing persons the right to a cassation appeal of all decisions of the court of first instance. Special proceedings in the current procedural legislation are settled quite clearly and fully. One can only support the proposal of the Working Group of the Project of the New Code of Civil Procedure of the Russian Federation on the addition of this type of legal proceedings. Three categories of affairs: on the recognition of a minor citizen emancipated; On the forced hospitalization of a citizen in a psychiatric hospital and on the restoration of lost judicial or enforcement proceedings.
Introduction to the Code of Civil Procedure of the RSFSR head of the court order gives grounds to agree with the opinion of prof. I.M. Zaitsva that the civil process appeared the new kind Civilian proceedings - Ordering . Legal nature also this type of production is predetermined by the peculiarities of those material legal relations that are transmitted to the court. The exhaustive list of them is given in the current GPC. For these legal relations, it is characteristic that they are practically indisputable, aimed at recovery of money or movable property and are confirmed by documents that do not doubt their authenticity and reliability.
The delicacy of material and legal relations, which are the subject of ordinary production, means that the debtor clearly does not dispute the claims of the applicant, or is silent, without expressing his attitude towards this requirement, but nothing does to refund money or property. Therefore, the court intervention in such a material relationship has only one goal: eliminate the uncertainty in the relationship between the parties by confirming the applicant's correctness issuing a court order.
The existing procedure for issuing a judicial order seems to be quite complex and long, which does not fully comply with the principle of procedural economy. In this regard, it deserves support in the draft Code of Code of Civil Procedure of the Russian Federation Regulations: to expand the list of requirements for which the judicial order can be issued and accelerate the consideration of the order for issuing an order (for example, to issue an order within three days from the date of receipt of the application to the Court).
Summing up all the above, the following conclusions should be drawn.
1) the availability and effectiveness of judicial protection currently need to be raised not at the expense of the creation of new specialized courts, but by expanding the competence and improvement of the non-judicial jurisdictional system (arbitration courts, notaries, organ disputes, administrative authorities).
2) an increase in the availability and effectiveness of judicial protection can be facilitated by the adoption of a new Code of Civil Procedure of the Russian Federation, in which four types of civil proceedings (claims, administrative, special and orders) should be provided; Separate procedural institutions (evidence, court costs, representative offices, jurisdiction, etc.), as well as the stage of the civil procedure, are improved.
3) There should be maintained and improved the current practice of specialization of judges to consider certain categories of civil cases, an organizational work has been improved related to the selection of frames of judges and providing courts by office equipment, improving citizens' reception, etc.

In conclusion, I would like to say that this problem is a wide field of the legislation in the judicial system and civil procedure, which not only should be improved, but also not allow gaps in their norms.

We looked at some problems with you and tried to give them an assessment, and even some solutions. But this is just a small contribution to this system, because so far problems will not be solved then efficiency and availability will remain far behind, and they are the most important and extensive problems.

See: FKZ of May 20, 1999 "On the Military Courts of the Russian Federation". SZ RF, 1999. No. 26. Article 3170. For the new provisions of this law, see: Petukhov N. Federal Constitutional Law "On Military Courts of the Russian Federation". // Russian Justice. 1999. No. 9. P. 7-8; No. 10. P. 5-7.
See: FZ dated June 21, 1997 "On the Bailiffs" and "On Enforcement Proceedings". SZ RF. 1997. No. 30. Article 3590, 3591.
See: Lebedev V. from the concept of judicial reform to new ideas for the development of the judicial system. // Russian Justice. 2000. No. 3. P. 2-3.
See: Dikusar V. Land Courts - in Russia? // Russian Justice. 2000. No. 11. P. 53-54.
See Mironov V.I. Labor law history: theory and practice. // State and Law. 1998. No. 12. S.58-59.
See: Christophers A., Meshcheryakov V. Russia need a patent court. // Soviet Justice. 1993. № 23. p.6.
See: Meeting of the Legislation of the Russian Federation. 1997. No. 1. Art.
See: Report by the Chairman of the Supreme Court of the Russian Federation V. Lebedev at the V All-Russian Congress of Judges. // Russian Justice. 2001. No. 1. C 5.
In the explanatory note to the draft federal law "On bringing the staff of the judges and employees of the devices of federal courts of the number of judges of general jurisdiction in accordance with the load standards", prepared by the Supreme Court of the Russian Federation in April 2000, there is an urgent need to increase the staff number of judges and employees of vessels total jurisdiction with 16742 units in 2000 to 123162 - in 2010, which will require an increase in funds from 2458.8 million rubles. in 2000 to 4985.8 million rubles. - In 2010, in addition to these funds, the acquisition, reconstruction, maintenance, rental of premises and buildings of vessels, bringing them in line with elementary standards for posting civil servants and administration of justice every year about 5.0 billion rubles will be required annually. See: Russian Justice. 2000. № 11. Since 18.
See: Explanatory note to the draft federal law "On Federal Administrative Courts in the Russian Federation". // Russian Justice. 2000. № 11. P. 19.
See: Federal Constitutional Law "On Judicial System of the Russian Federation". Comment by Deputy Chairman of the Supreme Court of the Russian Federation Doctor of Law, V.M. Zhukov. Gorodets. M., 1998. S. 12.
An important role that the judicial practice plays in the elimination of the gaps of legal regulation notes V.V. Yarkov. See: Yarkov V.V. The impact of the reform of private law on the development of the system and forms of civil jurisdiction. Interuniversity Sat. scientific works "Theoretical and applied problems of civil jurisdiction." Ur. GUA. Yekaterinburg. 1998. P. 62.
See: An explanatory note to the draft federal constitutional law "On Federal Administrative Courts in the Russian Federation". // Russian Justice. 2000. No. 11. P. 19-20.
See: Panova I.V. Administrative and jurisdiction process. Lights. Saratov. 1998. State and Law. 1999. No. 10. P. 5-26. Starilov Yu.N. On the essence and new administrative law system: some discussion guides. // State and Law. 2000. № 5. P. 12-21. Demin A.A. The concept of the administrative and procedural legislation of the Russian Federation. // State and Law. 2000. No. 11. P. 5-12.
See: V. Kryazhkov, Starilov Y. Administrative courts: What should they be? // Russian Justice. 2001. No. 1. P. 18-20.
See: Whether to citizens are available to our justice? // Russian Justice. 1999. No. 2. P. 26.
See: For example: Sakhnova T.V. Civil Procedure Law of Russia: development prospects, // State and Law. 1999. No. 12. S. 35. Muradyan E.M. On the principles of civil proceedings. // Modern Law. 2000. No. 6. P. 40.
See: Shakaryan M. Take a new CCD or correct the old one? // Russian Justice. 1999. No. 2. P. 18-20.
See: Tupikov. Nature of cases arising from administrative and legal relations. // Russian Justice. 1999. No. 7. P. 18-20. Panova I. Reform of administrative proceedings. // Russian Justice. 2000. No. 1. P. 53-54. Antonova V.P. Institutions of administrative law (third "Lazarevian readings") // State and Law. 1999. No. 10. P. 6-7, 18-20 (performances by N.Yu. Khamanneva and A.K. Solovyva).
See: Shakaryan M. Uz. Art., P. 18. Sakhnova T.V. Uss. Art., p. 31.
See: Sakhnova T.V. Uss. Art., P. 32. Yarkov V.V. Uss. Art., p. 54.
See: Pastukhov V. What do people do not like in Russian justice? Russian justice. 1998. No. 8. P. 22-23.
See: Sovetsky civil Process. Ed. Moscow un-ta. M., 1964. P. 5-9 (by chapter A.F. Kleinman). Soviet civil procedural law. High school. M., 1964. P. 10-15 (by chapter M.A. Gurvich). Soviet civil process. High school. M., 1967. P. 8-13 (by chapter M.A. Gurvich). Soviet civil process. High school. M., 1975. P. 4-6 (by chapter M.A. Gurvich).
The exceptions are only the work of D.M. Schechote and A.A. Melnikova. See: Chechot D.M. The problem of protecting subjective rights and interests in the order of non-rigging industries of the Soviet Civil Process. Author. Dokt. dis. L., 1969. P. 18. The course of Soviet civil procedural law. Tom I. Science. M., 1981. P. 123 (by chapter A.A. Melnikov). Civil process. Textbook. 2nd ed. Avenue. M., 1999. S. 12 (by the head of the head of D.M. Schechot).
Most authors traditionally call three types of legal proceedings: the claim, from administrative and legal relations and special. See, for example, civil procedural law of Russia. Textbook. 2nd ed. Epic. M., 1998. p.27 (by head by M.S.Shakaryan). Civil process. Textbook. 3rd ed. Beck. M., 1999. P. 7-8 (the author of the head I.V.Reshentikov). Civil process. Textbook. Ed. Second. Avenue. M., 1999. P. 11-13 (by the head of the head of D.M. Schechot). Civil process. Textbook. Ed. Third. Gorodets. M., 2000. P. 34-35 (by head by M.A.Treavenikov). And only by I.M. Zaytsev calls four types of legal proceedings, adding ordered production to three above mentioned above. See: Vicut M.A., Zaitsev I.M. Civilian process of Russia. Textbook. Lawyer. M., 1999. P. 25-26 (by chapter I.M. Zaytsev).
See: Sakhnova T.V. Up art. P. 35. Muradyan E.M. Uss. Art. P. 40.
See: Yarkov V.V. New forms of claim in civil procedure (group and indirect claims). State and law. 1999. No. 9. P. 32-40. Civil process. Textbook. 3rd ed. Beck. 1999. P. 235-246 (author of paragraph V.V. Brarka).
See: Batayeva N.S. Judicial protection of the rights and interests of an indefinite circle of persons. Author. Cand. dis. M., 1999. P. 18-20.
See: For example, Kallistratova R.F., Prikhodko I.A., Humanation M.Sh. Prosecutor in arbitration and civil proceedings: topical problems of legislative regulation. In Sat Principles of civil procedural law, their implementation in the draft Code of Civil Procedure of Russia. TSU, Tver, 2000, p.26-36. I.A. Prikhodko. Prosecutor in the Arbitration Court: Problems of Public Claim and Protection from Him. // Arbitration and Civil Procedure, 2000, No. 3 pp. 24-32.
A more detailed justification that ordinar production is the fourth type of legal proceedings. See: Cheremin MA Original production in the Russian civil procedure. M., Gorodets. 2001. P. 55-121. Polyakov I.N. Ordering Production: Concept and Legal Nature. Actual law enforcement problems. Collection of scientific articles. Vol. 3. Ed. Law Institute MSU PS. M., 2001. P.137-148.

Paradoxes of law enforcement in the protection of pension rights of the military personnel

12. Olsson (Olsson) against Sweden: Resolution of the European Court of Human Rights of 24.03.1988 // Ibid. P. 549 - 567.

13. O. pension provision Persons who held military service, service in the internal affairs bodies, state fire service, organs for the turnover of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, and their families [Electronic resource]: the law of the Russian Federation of February 12, 1993 No. 44681 (Ed. From 04.11.2014, with change of 01.12.2014). Access from the Direct System "ConsultantPlus".

14. In the case of verification of the constitutionality of parts of the first and second article 54 of the Housing Code of the RSFSR in connection with the complaint of citizen L. N. Sitalova [Electronic resource]: Resolution of the Constitutional Court of the Russian Federation of April 25, 1995 No. 3-p. Access from the Direct System "ConsultantPlus".

15. Khomichik V. V. Judicial protection of the rights and freedoms of servicemen and the legitimate interests of the state at the dismissal of military personnel with military service: Theory and practice of legal regulation. M., 2012.

Alexander Viktorovich Kos - Cand. jurid Sciences, Doc., Baltic Federal University. I. Kant, Kaliningrad.

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About the author

Dr Alexander Koss, Associate Professor, Immanuel Kant Baltic Federal University, Kaliningrad.

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T. V. Yaroshenko

Actual problems of reforming civil proceedings and legislation at the present stage

Considered issues of reforming civil proceedings in the conditions of unification of civil and arbitration procedural legislation. Formulated some suggestions for improving civil proceedings.

The Paper Discusses The Reform of Civil Procedure In The Context of Harmonization of Civil Procedural Law and Arbitration; Some Suggestions for the Civil Procedure "S Improvement Are Given.

Keywords: civil process, arbitration process, the concept of the Unified Civil Procedure Code of the Russian Federation.

Key Words: Civil Process Arbitration Process The Concept of a Unified Civil Procedural Code of the Russian Federation.

© Yaroshenko T. V., 2016

Herald of the Baltic Federal University. I. Kant. Ser.: Humanitarian and social Sciences. 2016. No. 1. P. 81 - 86.

In modern conditions, legislation reforming considerable attention is paid to issues of improving civil procedural legislation. An example of this is the development of the Concept of the Unified Civil Procedure Code of the Russian Federation (the concept of the Russian Federation), the adoption of the Administrative Judging Code of the Russian Federation, the introduction of significant changes to the Civil Procedure Code of the Russian Federation, the Arbitration Procedure Code of the Russian Federation and a number of other legal acts.

Scientists and practices pay close attention to the problems of reforming civil procedural legislation, develop various concepts, analyze judicial practice, reveal positive and negative moments Unification of civil and arbitration legislation. Among them should be called such scientific practitioners as E. A. Borisova, V. V. Molchanov, M. M. Neshev, A. F. Meshcheryakova, A. F. Chupilin, and others.

The purpose of the reform of civil proceedings is the unification of procedural legislation, which is designed:

1) eliminate contradictions between the existing two branches of procedural law (civil and arbitration process) taking into account the developed draft code of administrative proceedings;

2) establish new rules for resolving controversial legal issues. To protect the interests of persons involved in the case, it is possible to introduce the rule to consider the cases of controversial jurisdiction, as well as the transfer of concluding case within the judicial system;

3) Save the most successful developments of existing rules (APK and GPC), distributing them to the entire civil process. For example, the possibility of filing claims (applications) in in electronic format (arbitration process) and judicial order (civil process);

4) strengthen alternative ways to resolve disputes, conciliation procedures;

5) consolidate existing types of simplified production (orderly, correspondence, simplified);

7) identify the cardinal problems to be solved (the existence of two cassation);

8) implement corrections of the previously identified deficiencies in the regulation of the process, including the existence of an unreasonable terminological difference;

9) to take into account the international obligations of Russia, agreements, activities of international human rights organizations and the practice of international courts.

A number of goals stipulated by the concept is styled. However, some provisions of the concept are no longer relevant, for example, subsection 3 - proceedings arising from public legal relations. In connection with the adoption of the new Code of Administrative proceedings in the Russian Federation, significant changes were made to the Code of Civil Procedure of the Russian Federation from September 15, 2015. So, the force of subsection 3 of section 2 was raised (proceedings arising from public relations), which is very appropriate. It should be noted that the adoption of the new code of administrative proceedings was touched by not only administrative cases, which were previously considered in civil proceedings. Changes were affected by some categories of affairs of special, claims and orders. For example, a paragraph of 6 tbsp. 122 (Ordering), chapter 22.1 (claims) and 35 (special production) of the Code of Civil Procedure of the Russian Federation. On the feasibility of consideration of such a category of affairs, as the forced hospitalization of a citizen in a psychiatric hospital within the framework of administrative proceedings, it was repeated repeatedly.

Significant changes There were also issues of tribal jurisdiction of the courts of general jurisdiction. So, significantly reduced the jurisdiction, stipulated by articles 26 - 27 Code of Civil Procedure of the Russian Federation, which is quite explained in connection with the expansion of administrative proceedings.

One of the purposes of unifying the procedural legislation proposed in the concept is to preserve the most successful developments provided for in the APC and Code of Civil Procedure of the Russian Federation, and distribute them to the entire civil process. This is, for example, on the presentation of claims in electronic form (arbitration process) and the use of a court order (civil process). Problem electronic feed Documents are fully justified in the arbitration process and is applied for a long time. This procedure is very attractive for civil proceedings, which is dictated by the feasibility and speed of initiation of the case in court. However, it is necessary to take into account the subject of the civil proceedings, age criteria and insufficient computer literacy of some segments of the population. Consequently, the legislator needs to carefully work out this issue before entering a single electronic document procedure. With regard to the offer of the use of the Unified Institute "Judicial Order" (chapter of 11 Code of Civil Procedure of the Russian Federation) within the framework of the civil and arbitration process, this is quite justified and appropriate. Judicial practice confirms the availability, rationality, speed and feasibility of ordinary production. Consequently, this institution needs to be consolidated both in civil and arbitration proceedings, taking into account certain specifics some categories affairs.

One of the important provisions of the Concept was the fixation existing species Simplified legal proceedings (ordinary, absentee and simplified). As noted above, ordered production -

institute of the Civil Procedure. Within absentee production Only civil cases are also considered (chapter 22 of the CCP). The simplified production (procedure of small lawsuits) is only the institution of the arbitration process, which is somewhat similar to ordinary production, but has its own distinctive specificity. As part of the unification of two processes, the legislator is a challenging task to use all types of simplified procedures, taking into account the procedural characteristics of the judicial systems, as well as to carry out a face between orders and simplified production. In the future, the legislator suggests simplified production to rename "written production", thereby preserving two types of simplified procedures: ordinary and written.

One of the actual problems of the concept is to correct the deficiencies in the regulation of two processes, including in the existence of a unreasonable terminological difference. This problem is quite complex, since civil and arbitration processes have their essential specificity. It is more acceptable and advisable to use the "trial model" provided for in the Code of Civil Procedure of the Russian Federation (chapter 15), as civil cases have a clearer court structure. As for the timing of the trial (Art. 154 of the Code of Civil Procedure), then, in my opinion, it is more appropriate to use the rules used in the arbitration process, namely a three-month trial. In challenging cases, the institution of extending the term of trial to six months on a motivated court definition is possible, which is very appropriate in order to unify legal proceedings and consideration.

It is also necessary to resolve the question of the existing terminological difference in two procedural codes. It is, for example, about "judicial acts" and "court decisions." It is more appropriate to use the term used in the APC RF - "judicial acts", which will include decisions, definitions, judicial orders. Make it a single terminology and content by installing general requirements According to details and the list of attached documents.

An important place in procedural activities is given to the Institute judicial evidenceSince the court makes a decision on the basis of a study and evaluation of judicial evidence (chapter 6 of the Code of Civil Procedure). In existing procedural codecs, there are some significant differences that require unification: it is necessary to develop a unified approach to the evidence list - to leave it exhaustive, as in the Code of Civil Procedure of the Russian Federation, or open, as in the APC RF. It is wiser to apply the "List Model" provided for in the Civil Procedure, since the APC does not provide for the procedure for assessing the reliability of other evidence. It is necessary to develop a unified approach in relation to such qualities of judicial evidence, as the attribution and admissibility, which will help make legitimate and reasonable decisions. Deserves

the attention proposed in the concept of the norm "To unacceptable evidence relates those that are obtained in violation of the requirements of the law, which influenced or could affect the accuracy of the factual data obtained, including the received

With the use of violence, threats, deception, as well as other illegal actions;

Using the delusion of a person who participates in the case, relative to their rights and duties arising from the indeliable, incomplete or improper explanation to this person;

In connection with the procedural action by a person who has no right to carry out production on this civil business;

In connection with the participation in the procedural action of the person to be dispersed;

With a significant violation of the procedure for the production of procedural action;

From an unknown source or from a source that cannot be installed in court session;

With the use of methods contrary to modern scientific knowledge during proof.

The institute to ensure evidence should be actively used, but according to the rules of the Civil Procedure (Article 64 - 66 of the Code of Civil Procedure). At the same time, it is necessary to apply the rules of pre-trial notarial provision of evidence (Art. 35 of the foundations of the legislation of the Russian Federation on the notary).

Only some of the problematic issues of reforming civil proceedings were raised, the purpose of which is to contribute to the provision of affordable and fair justice.

Bibliography

1. The concept of the Unified Civil Procedure Code of the Russian Federation (approved by the decision of the civil, criminal, arbitration and procedural legislation of the State Duma of the Russian Federation of the Russian Federation of 08.12.2014 No. 124 (1)) [Electronic resource]. Access from the referee "Consul-Tantplus" legal system.

2. Code of administrative proceedings of the Russian Federation of 03.03.2015 No. 21-FZ (ed. From 12/30/2015) // Meeting of the legislation of the Russian Federation. 2014. №19, Art. 2331.

3. Civil Procedure Code of the Russian Federation dated November 14, 2002 No. 138-FZ (ed. From 12/30/2015) // Ibid. 2002. No. 46, Art. 4532.

4. Arbitration Procedure Code of the Russian Federation of 24.07.2002. № 95-FZ (ed. From 12/30/2015) // Ibid. No. 30, Art. 3012.

5. Borisova E. A. On the question of the reorganization of the judicial system of the Russian Federation // Arbitration and Civil Procedure. 2014. № 3. P. 12 - 18.

6. MOLOGANS V.V. Competitive form of legal proceedings and reliability of evidence // Ibid. No. 12. P. 35-41.

7. Neshev, M. M. Structure of the new Code of Civil Procedure of the Russian Federation: Unification of the judicial system // ibid. No. 9. P. 7-10.

8. Meshcheryakova A. F. Combining the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation as the direction of the development of judicial reform and procedural legislation // Arbitration and Civil Procedure. 2014. No. 7. P. 45-49.

9. Chupilin A. F. Combining the Supreme Arbitration Court of the Russian Federation and the Supreme Court of the Russian Federation: Legislative improvements or new problems // Ibid. No. 8. P. 57 - 63.

10. Yaroshenko T. V. The judicial protection of civil rights related to the hospitalization of a citizen in a psychiatric organization, in an incomplete manner // Russian constitutionalism: traditions, challenges, prospects: Sat. Scientific Tr. / Ed. O. A. Zayachkovsky. Kaliningrad, 2014. P. 106 - 112.

11. Fundamentals of the legislation of the Russian Federation on the notarity from

86 02/11/1993 №4462-1 (ed. Dated December 29, 2015) // Vedomosti of the SND and the Armed Forces of the Russian Federation. 1993. No. 10, Art. 357.

Tatyana Vladimirovna Yaroshenko - Cand. yur. Sciences, Doc., Baltic Federal University. I. Kant, Kaliningrad. Email: [Email Protected]

About the author

Dr Tatiana Yaroshenko, Associate Professor, Immanuel Kant Baltic Federal University, Kaliningrad.

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"Problems of modern arbitration in Russia"

Introduction 3.

Chapter 1. Problems of arbitration proceedings related to the application of the norms of the general part of the Arbitration Procedure Code of the Russian Federation .. 4

Chapter 2. Problems of arbitration proceedings related to the application of the norms of the special part of the Arbitration Procedure Code of the Russian Federation. Other problems of arbitration proceedings .. 20

Conclusion. 37.

List of references .. 38

Introduction

3) guarantee;

4) other financial support for the same Suma.

Questions cause the last two types of counter support.

In accordance with paragraph 3 of China, the plaintiff in the case of approval by the Arbitration Court of the World Agreement returns from federal budget half the state duty paid for them (if world Agreement It is not concluded in the executive process). Should this benefit be taken into account when distributing court costs between the parties, as well as when the plaintiff is given a delay? Is equality of the parties? After all, the merit in concluding the settlement agreement belongs not only the plaintiff, but also the defendant too.

The most acute problems associated with the court proceedings on the challenge of abnormative legal acts, decisions, actions (inaction) of state and other bodies (Article 200) are most acute.

The cases of challenging the actions (inaction) of the bailiff are considered within a period not exceeding ten days from the date of receipt of the application to the Arbitration Court, including the term for the preparation of the case for trial and decision on the case.

Interested parties and the applicant are notified of the date of the meeting, but for their alerts with the return receipt notice of the presentation judicial actAs a rule, it is necessary for about three weeks. In addition, Article 121 of the APC of the Russian Federation prescribed to notify the participants of the process no later than fifteen days before the court hearing, unless otherwise provided by the APC RF. But anywhere else in the APC is not provided. In the APC of the Russian Federation, it is not once, including in CP.2, it is indicated that the failure to appear properly notified person does not prevent the consideration of the case on the merits. But the point is not whether an interested person will appear or not in court, but in the fact that in ten days it is not possible to inform the latter, since the mileage can not be made for this period. However, the arbitral tribunal should have confirmation of the notification of the interested person on the place and time of it. Without receiving such a confirmation, the judge does not negotiate to proceed with the consideration of the case.

All the same applies to Article 205 "Proceedings on cases of attracting administrative responsibility." These cases are discussed within fifteen days.

This period can be extended no more than a month. But why in the previous case a ten day cannot be extended? After all, the practice has already proved the impossibility of compliance with short time to resolve the court cases.

In relation to this problem, the Plenum of the Supreme Arbitration Court of the Russian Federation in Resolution No. 10 of 2.06.04g "On some issues that arose in judicial practice When considering cases about administrative offenses, "the following decision was proposed:" Taking into account the shortened deadlines for the consideration of cases of administrative offenses, installed part 1 of Article 205 and part 1 of Article 210 of the APC RF, and the inability to notify the participants of the arbitration process about the time and place of the court session no later than fifteen days before it began, the courts in the presence of appropriate information about the participants of the arbitral process should be guided by part 3 Articles 121 of the APC of the Russian Federation, which allows in cases that do not fulfill, notify or cause individuals involved in the case, and other participants in the arbitration process with a telegram, telegram, for facsimile or e-mail or using other means of communication. The contact numbers of the person involved in administrative responsibility necessary for the notification may be contained in the application and the materials attached to it.

When notice using the specified means of communication, the addressee must be reported all the information provided for by part 2 of Article 121 of the APC RF "(clause 2).

Similar comments are also under Article 210 "Proceedings on the challenge of decisions of arbitration authorities."

The deadline for filing an appeal is established by Article 259: the complaint may be filed within a month after the adoption of the first instance of the appealed decision, unless another period is established by the APC of the Russian Federation, that is, for time until the decision enters into legal force. The decision that entered into force may be appealed to the cassation or supervisory instance.

The missed monthly deadline for filing an appeal may be restored if the petition indicating the valid reasons for his pass is filed no later than six months from the date of decision. However, it should be borne in mind that by the time of restoring the deadline for filing an appeal complaint, perhaps already executed or executed. That is, in the appellate instance of the Arbitration Court, the decision (competence of cassation and supervisory instances) is revised in legal force.

Does these norms violate the general principle of appeal revision of decisions that have not entered into legal force? Do you need to do this if interested parties have two more instances to verify the correctness of the decision of the Arbitration Court of the first instance?

By the way, it should be noted that as in Article 126 of the APC of the Russian Federation, in Article.260, it is the obligation of persons submitting a complaint to other persons participating in the case, copies of the appeal and the documents attached to it by registered letter with the notice of the presentation or in To their other persons or their representatives personally on receipt. And only a document confirming the direction or presentation of the appeal to other persons to other persons is necessary for the complaint. This is a bright evidence of the inconsistency of the legislator and the absence of his desire to make arbitration proceedings with clear and operational, in compliance with the principle of competition of the parties in the arbitration process

All these comments fully apply to the relevant standards of Article 227 concerning the cassation appeal of judicial acts.

For cassation proceedings, Article 289 "Decision of the Arbitration Court of the cassation instance" deserves attention, namely the paragraph 2 of paragraph 2: "Instructions of the arbitration court of cassation instance, including the interpretation of the law ... Mandatory for the Arbitration Court again considering a business".

it believes that the execution of such powers should be supported by the corresponding personnel provision by the court of cassation instances.

In accordance with Part 4 of Article 198 of the APC of the Russian Federation missed for a valid reason for appealing to court with a statement on the recognition of abnormative legal acts invalid, solutions and actions (inactions) illegal can be restored by an arbitration court. However, the APC of the Russian Federation is not provided that the judge must do in the event of a refusal to restore the missed time: return statement (in the absence of legal grounds for return); make an application for production and later on the basis of the passage of the term refuse to meet the requirements; Accept the application, subsequently leaving it without consideration?

There are many problems of execution of judicial acts.

The APC RF proceeds from the concept of voluntary execution of judicial acts, but for some reason Article.318 does not contain this. It provides that judicial acts are carried out to be executed after their entry into force or immediately, if this is indicated in the judicial act. It is also indicated that the compulsory execution of the judicial act is made on the basis of an executive list issued by the Arbitration Court, unless otherwise provided by the APC RF. This "ion" in the APC is not, but in some cases the decision can only be fulfilled in a voluntary order and in no way in the compulsory. Under compulsory order, the legislative implies its execution special organ. And what a compulsory order can be discussed in execution, for example, the decisions of the Arbitration Court on the recognition of regulatory, abnormative acts are invalid, on the recognition of the transaction invalid, on the liquidation legal entity, On the conclusion of the contract, incorporations in the contract of change and so on.

Without receiving a voluntary execution of a judicial act, the party appeals to the arbitration court asking for an executive list. Do not give it to the court can not. The executive list is in this case sent by the party by the bailiff, who does not know what to do with it, and an unnecessary correspondence with the court begins. If at least an approximate list of judicial acts were envisaged in the APC of the Russian Federation, solutions for which are not subject to compulsory execution, the courts and the court bailiffs would have problems.

There are problems and in connection with the provision of the APC of the Russian Federation that at the request of the recoverer, the arbitration court can send himself performance list To perform the appropriate performer. But the Federal Law "On Insolvency (Bankruptcy)" found that the applicant must submit to the court to the proof of the existence of a copy of the executive list and the proof of its direction for executing the bailiff. Did it need to generally oblige a arbitration court for the participants of the process? There were a lot of such duties of the APC RF.

In Article 320 of the APC of the Russian Federation "The content of the executive list" P.7 Part 1 is borrowed from Article 8 of the Federal Law "On Enforcement Proceedings". It provides a requirement to indicate in the executive list of the term to present it to execution.

The total period for the presentation of the execution sheet to execution is set by arbitration procedural legislation. According to Article.321 of the APC RF, it is three years from the date of the entry of the judicial act into legal force.

Explanations in terms are contained in each blank execution sheet. Therefore, the courts do not indicate the final date of presentation of the executive list (except in cases of issuing executive sheets when approving the settlement agreement or on decisions subject to property execution).

However, in practice, there are cases of the return of executive lists by the bailiffs "for do-form", "for correction" with reference to Art. 8, 10 FZ "On Enforcement Proceedings" - in connection with the disappointment of the timing of the presence of a sheet to execution.

Apparently, it is necessary to mutually agree on these issues with the Ministry of Justice of the Russian Federation.

The requirement of Article 320 of the APC of the Russian Federation on instructions in the executive list of the surname, name, patronymic, place of residence, date, place of birth, place of work of the debtor-citizen's work is also problematic. These data can only be obtained from the passport of a citizen at its appearance to the meeting of the Arbitration Court. But the problem arises when the citizen's defendant is not at the court hearing and the decision is made in his absence. The execution of the actuator without specifying all the necessary data will be impossible, and the bailiff will return to its recoverer.

The problems could not be if the legislator obliged the plaintiff to specify all these respondent data in the claim. However, according to Art. 125 APC RF "Form and content of the claim" From the claimant, it is necessary to indicate in the claim only data relating to it, and in relation to the defendant - only the location or place of residence.

"At first glance, this is a problem is not an arbitration court, but the plaintiff, the applicant who will be returned without executing an executive list. But it concerns a court decision, its implementation, and, consequently, the effectiveness of justice in the economic sphere. "

An interesting problem is revealed by the practice of the Federal Arbitration Court Central District. In the case of bankruptcy, the Court of Cassation has canceled the decision of the court of first instance on the recognition of the debtor bankrupt and the opening competitive production With the direction of the case for a new consideration in another composition of the court. In accordance with the general norms of the APC RF, the new consideration of the case in other composition should be reserved. Bankruptcy law on this special norms does not contain. So, it is necessary to be guided by the standards of the APC RF and consider the case from the very beginning, that is, in the case of bankruptcy, it is necessary to return to the procedure of observation and, accordingly, to carry out all activities, starting from the first meeting of creditors? It seems to me that it is necessary to be very careful about bankruptcy cases when transferring them to a new consideration in general and in another composition of the court in particular. It is necessary to develop a unified approach approved by the Supreme Arbitration Court of the Russian Federation.

When applying Chapter 29 "Consideration of cases in the order of simplified production", the question arose about the possibility of consideration of the claim in the order of special production, if not only the undisputed claims for the recovery of the main debt, but also the accessor requirements for the recovery of interest, penalties.

it believes "What is considered to be considered as a simplified procedure does not impede its arguments by the defendant, evidence. And to reduce the size of the foam, the court may be on its initiative in accordance with Article 333 of the Civil Code of the Russian Federation.

I also believe possible to consider in the order of simplified production and cases arising from public-legal relations if they meet the conditions provided for by Article 226 and 227 of the APC RF. "

But it is necessary to clarify the Supreme Arbitration Court of the Russian Federation and the development of uniform practice on these proposals.

It should be noted that cases of challenging the abnormative legal acts, decisions and actions (inaction) of state bodies, local governments, other bodies are considered in the order of administrative proceedings. However, in Art. 197 APC RF on the procedure for the proceedings of these cases was established that they are considered by the general rules of the claim established in ch. 24, where there is no word about administrative proceedings.

This question is responsible Chairman of the Supreme Arbitration Court of the Russian Federation, Doctor of Law, Professor: "There are no words - no, but the features of legal proceedings on disputes related to the application of administrative law are, and they are indicated. This means that here these cases on challenging the abnormative legal acts are considered precisely in this order, that is, the rules of claims are applied, but with the peculiarities provided for to resolve disputes related to the application of administrative law. "

To other issues of modern arbitration proceedings In Russia, in my opinion, it is possible to attribute the problem of overloading arbitration courts: the volume of work in them increase sharply. In arbitration courts, the number of cases increases every five years twice, which creates well-known problems with the availability of justice, which is guaranteed by Art. 2 APC RF. There is a need to introduce measures that will allow to maintain the availability of justice. The Arbitration Procedure Code provides such measures, however, as proved practice, they are not always effective, in particular due to the fact that, as mentioned above, not all the norms of the APC of the Russian Federation are adequately applied in practice. Among such measures can be called: the preparatory stage of the permission of the case with the provision of solid preparation for legal proceedings and decision. "The center of gravity of the work of the judges is postponed to prepare a case with such a calculation so that at the court session the court can make a reasonable and legal decision."

It is necessary, in my opinion, also note the problem legal nature The supervisory instance of the arbitration process, since it gave rise to many questions and legal discussions in relation to the institute of consideration of cases in the European Court of Human Rights.

According to Art. 34 Conventions on the Protection of Human Rights and Fundamental Freedoms (hereinafter - Convention) The European Court of Human Rights (hereinafter - the European Court, the Court) can take complaints from any individual, any non-governmental organization (including commercial organizations) or any group of individuals who claim to be victims of violations by one of the States parties to the Convention of their rights recognized in this Convention or in the protocols to it; Such complaints are called individual (except affairs on individual complaints, the court competes to consider interstate affairs (Art. 33 of the Convention)).

The convention provides for the criteria for the admissibility of complaints (paragraph 1 of Art. 35), according to which the Court can take care of consideration only after all internal (national) funds were exhausted legal protectionIt is provided for by the generally accepted norms of international law, and within six months from the date of the national authorities of the final decision on the case.

In the environment of Russian lawyers, the question of which Russian funds of the right (judicial) protection should be exhausted by the claim contained in paragraph 1 of Art were discussed quite lively lively. 35 of the Convention (in Art. 26 of the Convention as amended, which operated until 01.11.98). Some domestic scientists and practices adhered to the point of view that, predetermining the filing of the complaint to the European Court, the applicant must pass all the existing instances, up to the Supreme and Even Constitutional Court of the Russian Federation.

The first of the decisions (from 22.06.99) of the European Court of Justice on the complaint filed against Russia (Tumilovich against Russia) showed the erroneousness of the point of view. The applicant of complaints in good faith and consistently asked to protect his disturbed rights in russian courts The general jurisdiction of the first and cassation instances and filed various officials of the courts (up to the Supreme Court of the Russian Federation) and the prosecutor's office (up to the General Prosecutor's Office of the Russian Federation) six applications with a request to bring protest in the order of supervision. After receiving refusals in the progress of protest, the applicant filed a complaint to the Constitutional Court of the Russian Federation, which also refused to consider the complaint.

Thus, the applicant exhausted literally all remedies granted to it russian legislationthat, it would seem, would have to testify in favor of the applicant's proper execution of the requirements of paragraph 1 of Art. 35 conventions.

The European Court, however, having considered the applicant's complaint for its admissibility, found that the submitted statements aimed at reviewing judicial acts in the order of supervision form an emergency remedy, the use of which depends on the discretionary powers of the relevant officials of the court and the prosecutor's office, and, respectively , do not form an effective remedy in the sense of paragraph 1 of Art. 35 conventions.

In decision of 08.02.01 regarding the admissibility of the complaint of Ms. Pitkevich, the Court confirmed his approach to assessing the effectiveness of applying to supervisory production as a remedy. The court came to the conclusion that since the revision of the case in the order of supervision in Russia cannot be initiated by heavy, but only by means of a "special complaint", the submission of which refers to the discretion of certain officials, while the requirement of revision of the case is not an effective means of legal protection.

The practical importance of certainty in the issue of efficiency and, accordingly, the obligation of the exhaustion of one or another remedy follows from the rule of six months established in the same paragraph 1 of Art. 35 Convention: A complaint to the European Court may be filed "within six months from the date of the national authorities of the final decision on the case." According to paragraph 1 of Art. 35 of the Convention and Case Practice of the European Court "The final decision" is wary of consideration at the domestic level of the applicant's case using precisely effective to be mandatory exhaustion of remedies.

"Accordingly, if the applicant makes a mistake in determining the effectiveness of the remedy, it automatically makes an error and in determining which of the decisions made in his case (court) is final, which, in turn, leads to a pass provided . 1 tbsp. 35 of the provision of a six-month term for filing a complaint to the European Court. "

As for the APC of the Russian Federation, the point of view, for example, the leadership of the Supreme Arbitration Court of the Russian Federation for supervisory proceedings in the sense of its availability of heavy (and, consequently, its effectiveness as a remedy in the meaning of the provisions of the Convention) has changed radically lately. Back in June 19 for 2003, the issue of the State and Law magazine was published interviewed by the Chairman of the Supreme Arbitration Court of the Russian Federation Mr. Yakovleva, in which he perfectly unequivocally declared about the exceptional nature of the supervisory instance, since "through three first instances the case passes by the will of the side ... And the supply of supervisory complaint does not mean a mandatory revision of the case in the highest court in the order of supervision ... ". Taking into account the decision of the European Court on the complaint "Tumilovich against Russia", the appeal to such an exceptional instance is unlikely to have a perspective to be recognized European Court subject to compulsory exhaustion to an effective remedy. On the other hand, an explanatory note attached to the draft Federal Law "On Amendments to the Arbitration Procedure Code of the Russian Federation" is published in the Healp of the Supreme Arbitration Court "On Amendments to the Arbitration Procedure Code of the Russian Federation", it follows that the proposed changes of Art. Art. 292, 296 and 304 of the APC RF are sent, in particular, to create additional grounds for unconditional recognition by the European Court of Human Rights of the Supervisory Instant. 1 tbsp. 35 Convention on the Protection of Human Rights and Fundamental Freedoms, as well as the recognition of the "finality" of the decision precisely for the decision of this court. "

Two inevitable, in terms of comments on the project and an explanatory note to it.

First, a few strange looks like a declared attribute to the "unconditional" recognition of the supervisory instance to the exhaustion to the effective means of legal protection. With all due to all due to the Higher Arbitration Court of the Russian Federation, it should be noted that the European Court persistently and repeatedly noted that the court "has jurisdiction in each case in the light of specific circumstances to determine whether this remedy provides the possibility of effective and sufficient restoration of violated rights in the sense of generally accepted norms international law Regarding the exhaustion of domestic remedies, and, if not, then exclude this tool from consideration in relation to a six-month limitative period. "

The European Court indicated a stated circumstance, including in its decisions on complaints filed against Russia (for example, in decision of 06.05.04 regarding the admissibility of the complaint "Denisov against Russia", which is referenced in the explanatory note).

Secondly, providing "additional guarantees of access to citizens and organizations to justice" in the form of the possibility of applying to restore the missed deadline for submitting an application for revision in the order of judicial act (Supplement of Art. 292 of the APC RF part 4), the draft law does not propose simultaneously The provisions of the APC RF norms allowing to appeal by the definition of the return of the statement of revision in the order of supervision of the judicial act (Art. 296 of the APC RF).

It seems that the Supreme Arbitration Court of the Russian Federation in this case is inconsistent.

Indeed, if the proposed changes in Art. 292 APC RF is made, including, in order to achieve consistency in Art. Art. 259, 276 and 312 APC RF (as it is indicated in an explanatory note), it would be logical to offer to supplement and Art. 296 of the APC RF RUSMA, providing for the possibility of appealing the definition of the return of the statement of revision in the order of supervision of a judicial act, if only because the lack of this norm is inconsistent with the provisions of Art. Art. 129 (Part 4), 264 (Part 4) and 281 (Part 3) of the APC of the Russian Federation, according to which definitions about the return, respectively, the claim, the appeal, the appeal can be appealed.

Moreover, if the Supreme Arbitration Court of the Russian Federation necessarily the goal of achieving the "unconditional" recognition of the supervisory instance to the exhaustion of the effective means of legal protection, the absence in the APC RF, the possibility of checking the validity and legality of the definition of the return of the review on the supervision of the judicial act, is rather evidenced, rather In favor of not so much recognition of the effectiveness of the supervisory instance as remedies in the sense of paragraph 1 of Art. 35 Convention, as in favor of the recognition of violation of Art. 6 of the Convention, the absence of the possibility of appealing the mentioned definition.

Time will show when and what will be the evaluation of the European Court of Efficiency of the supervisory instance, even taking into account the proposed changes in the APC RF (if, of course, they will be submitted); I will risk, however, assume that the desired by the authors as a draft change in the APC RF and the explanatory note to it, the goal (the achievement of the "unconditional") will be achieved, and the appeal to the Supreme Arbitration Court of the Russian Federation as in the supervisory instance will not be recognized by the European Court As subject to mandatory exhaustion of an effective internal remedy.

Conclusion

Thus, we see that modern arbitration proceedings have quite a lot of problems and disadvantages that are mostly associated with the lack of legal regulation.

The current arbitration procedural code compared to the previously operating codes solved many problematic issues of forensic arbitration practice, but he gave rise to no less.

In conclusion, I consider it necessary to express specific proposals for the improvement of arbitration procedural legislation:

1. Provide the possibility of consideration of cases of recovery mandatory payments and sanctions in the order of simplified production (Ch.29 of the APC RF) if there are conditions provided for by Art. 226 APC RF.

2. To establish the possibility of consideration of cases in the order of simplified production at the proposal of the Arbitration Court not only with the consent of the parties, but also in the absence of objections to the parties.

3. Increase the duration of the term for consideration of cases of challenging regulatory and abnormative legal acts, decisions and actions (inactions) of state bodies, local governments, other bodies, officials to limits equal to the term for consideration of cases in accordance with the procedure for claim.

4. Provide the arbitration court the right to extend the term for consideration of cases of disposal of decisions on attracting administrative responsibility in the manner prescribed by part 2 of Article 205 of the APC RF.

In addition, the legislator needs to revise the acting APC of the Russian Federation in terms of more accurate and complete presentation of a number of rules to avoid ambiguous interpretations and violations of integrity and uniformity of law enforcement practice.

List of used literature

1. The arbitration procedural codec of the Russian Federation is introduced into effect by the Federal Law of the Russian Federation of 01.01.2001 N 96-FZ on July 24, 2002 N 95-FZ. - Official text. - m.; "TD Elite - 2000", 2004.

2. Informational letter of the Presidium of the Supreme Arbitration Court of the Russian Federation of 01/01/01. №32 "Review of the practice of resolving disputes related to the use of antimonopoly legislation" // Bulletin of the Supreme Arbitration Court of the Russian Federation. №5. 1998.

3. Informational letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 09.29.99. No. 48 "On some issues of judicial practice arising from the consideration of disputes related to contracts for the provision of legal services" // Bulletin of the Supreme Arbitration Court of the Russian Federation. 1999. № 11.

4. Informational letter of the Presidium of the Supreme Arbitration Court of the Russian Federation No. 01.01. №52 "Review of the practice of permission by arbitration courts of disputes related to the application of legislation on currency regulation and currency control" // Bulletin of the Supreme Arbitration Court of the Russian Federation. No.

5. Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of 01/01/01. №5 "On some issues of applying part of the first Tax Code Russian Federation "// Bulletin of the Supreme Arbitration Court of the Russian Federation. No.

6. Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 2 dated January 27, 2003 "On some issues related to the enactment of the Code of the Russian Federation on Administrative Offenses" // Bulletin of the Supreme Arbitration Court of the Russian Federation. No.

7. Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 10 of 2.06.04. "On some issues arising in judicial practice when considering cases of administrative offenses" // Bulletin of the Supreme Arbitration Court of the Russian Federation. 2004. No. 6.

8. Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of 10.11.98 No. 000/98. // Bulletin of the Supreme Arbitration Court of the Russian Federation. No.

9. Explanatory note of the Plenum of the Supreme Arbitration Court of the Russian Federation, which is attached to the draft federal law "On Amendments to the Arbitration Procedure Code of the Russian Federation" // Bulletin of the Supreme Arbitration Court of the Russian Federation. 2004. No. 10.

10. "Problems of legal regulation of arbitration production" // Bulletin of the Supreme Arbitration Court of the Russian Federation. 2003. No. 10.

12., "Some problems of applying security measures for the new Arbitration Procedure Code of the Russian Federation" // Bulletin of the Supreme Arbitration Court of the Russian Federation. №6. 2003.

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Case number A / 3-2002.

For details, see: Pokrovsky Civil Law Problems. M.: Statute, 2001. P. 89-106.

Case number A / 23-2002.

The plaintiff was sent a corresponding request to the Tyumen Regional Committee of State Statistics.

Vestnik you. №с. 72.

Bulletin of the Russian Federation. 2001. №7. P. 7.

Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of 10.11.98 № 000/98.

Resolution of the Federal Arbitration Court of the West Siberian District of 11.03.02 No. F04 / 915-245 / A45-2002.

Regarding the payment of state duty, the question is controversial and requires clarification by the Supreme Arbitration Court of the Russian Federation, taking into account the current legislation on taxes and fees.

Vestnik you. №с. 74.

"Problems of legal regulation of arbitration production" // Bulletin of the Russian Federation. 2003. No. 10. P. 106.

Bulletin of the Russian Federation. 1999. No. 11. p. 81.

Bulletin of the Russian Federation. 2003. No. 10. P. 108.

Bulletin of the Russian Federation. 2003. No. 10. P. 110-111.

Bulletin of the Russian Federation. №с. 28.

Bulletin of the Russian Federation. 2003. No. 10. P. 112.

Bulletin of the Russian Federation. 2003. No. 10. P. 115.

Bulletin of the Russian Federation. 2003. No. 10. P. 114.

State and Law, 2003, No. 6, p. nine.

See, for example, the European Convention on the Protection of Human Rights and Fundamental Freedoms. Education generations of the XXI century. (Materials of the International Symposium). State and Law, 1998, N 7, p. 112.

Is oversight effective? " // European legal company. www. *****.

State and law. 2003. N 6. S. 7.

Vestnik you. 2004. No. 10. P. 9-10.

Is oversight effective? " // European legal company. www. *****.

Is oversight effective? " // European legal company. www. *****.