ARCHIVE FOR 2014 RUSSIAN
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Январь 2014
CONTENT
FROM THE EDITORIAL OFFICE
INTERVIEW OF THE ISSUE
CASE OF INTEREST
ANALYTICS: COVER STORY
T.N. Maslova Solving the Problem of Settlement between the Parties in Civil Proceedings The article presents a comparative legal analysis of the procedural rules governing the institution of settlement agreement, designates the issues that have not received legislative solution, formulates proposals aimed at harmonizing the civil procedural laws.
Keywords:
settlement arrangements, mediation procedure, parties’ disposals, settlement agreement, mediation, preliminary court hearing
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I.V. Paltseva Retired Judges as Judicial Mediators The article discusses the prospects of developing conciliation procedures in Russia. The author considers the use of conciliation procedures under trial as a priority to improving mechanisms for settling economic disputes. Particular attention is paid to the possibility of bringing retired judges and assistant judges to court mediation.
Keywords:
Mediation Law, conciliation procedures, judicial form of mediation, court mediation, retired judge
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ANALYTICS: FREE TRIBUNE
L.V. Schennikova Prospective of Civil Definition of Entrepreneurship The publication is focused on one of the major categories of the civil law, the concept of entrepreneurship. The issues of private law dualism are discussed. The authors analyze the development of a legal definition of entrepreneurship in Russia. Analysis of the scientific literature and foreign legislation allows the authors to formulate a new vision of the civil construction of entrepreneurship.
Keywords:
civil law, entrepreneurship, sales deal, entrepreneur
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L.A. Zelenskaya On Issue of Choosing the Form of Civil Proceedings Using Recognition of Rights as a Remedy The article deals with the issue of correct choice of the civil proceedings form and proper remedy, exemplified with recognition of right as a means of civil rights protection. The author analyzes correlation of use of the claim for recognition of rights, the action for declaration of right, the statement of establishing the legal facts of possession and use of the property, and declaration of proprietary rights in the manner established by Chapters 33 of Civil Procedure Code of RF.
Keywords:
remedy, form of civil proceedings, judicial defense procedure, reliefs, claim for recognition of rights, action for declaration of right, fact of possession and use of the property
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I.M. Deneka Supreme Courts of the USA and Canada: Formation of Jurisdiction The article presents analysis of some aspects of defining the jurisdiction of the supreme courts in the USA and Canada at compiling their constitutions, taking into account the political and economic conditions in the countries, as well as the impact of jurisprudence on its further formation.
Keywords:
the U.S. Supreme Court, The Supreme Court of Canada, Supreme Court instance, federal state, federation, confederation
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