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Judicial communication while approving a settlement agreement in bankruptcy case 批准破产案件和解协议时的司法沟通
Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-01-14 DOI: 10.17803/2311-5998.2023.110.10.186-193
A. V. Averina
{"title":"Judicial communication while approving a settlement agreement in bankruptcy case","authors":"A. V. Averina","doi":"10.17803/2311-5998.2023.110.10.186-193","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.110.10.186-193","url":null,"abstract":"The article analyzes the court role while approving a settlement agreement in a bankruptcy case. The implementation of the active component of this role makes the court a subject of proof and а subject of communication in the case. Recently, both the legislator and the law enforcer are inclined to limit the adversarial and dispositive principles in favor of the active role of the court in civil litigation. This trend is most pronounced in bankruptcy proceedings. Particular attention to bancruptcy cases dealt to their social significance, due to the multiplicity of diverse interests, that take place in bankruptcy procedure.The article discusses the controversial judicial practice that exists in the modern legal field. Author concludes that the settlement agreement in the bankruptcy case cannot be limited either strictly by the concept of “settlement agreement” or — “bankruptcy procedure”.","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":" 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139623522","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The problem of lies in judicial communication in civil and administrative cases 民事和行政案件司法沟通中的谎言问题
Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-01-14 DOI: 10.17803/2311-5998.2023.110.10.178-185
M. A. Fokina
{"title":"The problem of lies in judicial communication in civil and administrative cases","authors":"M. A. Fokina","doi":"10.17803/2311-5998.2023.110.10.178-185","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.110.10.178-185","url":null,"abstract":"The development of the principle of conscientiousness in the civilistic process finds manifestation, including in improving measures to counter lies in civil, arbitration, administrative proceedings. The article examines the psychological characterization of the liar, the signs and causes of the lie, and how to prevent and expose it. The author of the article raises the question of forming a new scientific direction of an applied nature to develop a methodology for considering certain categories of cases in court and tactics for conducting procedural actions to establish the actual circumstances of the case.","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":" 20","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139623275","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Communication of the parties in simplified production: problematic issues 简化生产中的各方沟通：问题所在
Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-01-14 DOI: 10.17803/2311-5998.2023.110.10.144-151
N. A. Gromoshina
{"title":"Communication of the parties in simplified production: problematic issues","authors":"N. A. Gromoshina","doi":"10.17803/2311-5998.2023.110.10.144-151","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.110.10.144-151","url":null,"abstract":"The article looks at summary proceedings through the prism of a communicative approach. The focus is on the interaction of the parties with the court and with each other. It is noted that from the point of view of communication simplified proceedings differ markedly from the ordinary process. In simplified proceedings there are fewer subjects of communication, both among the persons involved in the case and among the other participants in the process. There is also predominantly verbal written communication in these proceedings. The peculiarities of such communication in the exercise of dispositive rights by the parties, in the transition from lawsuit to simplified proceedings and vice versa, in rendering a decision and communicating it to the parties, are reflected in this article.","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":" 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139623503","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Involvement of the judge in online communication when using the web conference system 法官在使用网络会议系统时参与在线交流
Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-01-14 DOI: 10.17803/2311-5998.2023.110.10.136-143
O. Y. Fomina
{"title":"Involvement of the judge in online communication when using the web conference system","authors":"O. Y. Fomina","doi":"10.17803/2311-5998.2023.110.10.136-143","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.110.10.136-143","url":null,"abstract":"The article analyzes the communication between the judge and the online participant in the court session when using the web conferencing system in conditions when another person participating in the case is present in the usual format (In person) in the courtroom. Considering the procedural advantages and disadvantages of a web conference in the civil process, attention is focused on the subjective perception of such a way of considering a case by remote participants.A separate place is given to the conditions for implementing the principles of competitiveness and equality of the parties during a web conference. Attention is focused on the fact that the psychological perception of an online participant as a procedurally equal to a full-time participant largely depends on the technical conditions of the Internet connection and the organization of the broadcast itself. In addition, the importance of the factor of the judge’s involvement in online communication is noted to ensure its effectiveness. Based on the analyzed information, ways to stimulate the involvement of the judge in online communication are formulated.","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"74 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139530291","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Interaction between the court and the parties in the process of presenting and examining evidence electronically 在以电子方式提交和审查证据的过程中，法院与当事人之间的互动
Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-01-14 DOI: 10.17803/2311-5998.2023.110.10.168-177
A. A. Ostroumov
{"title":"Interaction between the court and the parties in the process of presenting and examining evidence electronically","authors":"A. A. Ostroumov","doi":"10.17803/2311-5998.2023.110.10.168-177","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.110.10.168-177","url":null,"abstract":"The specifics of electronic form of fixation of information on circumstances relevant to the case predetermines the peculiarities of their presentation in court, familiarization with them, examination and evaluation. Correct and timely establishment of circumstances of a case based on the results of presentation and examination of information in electronic (digital) form is possible subject to such interaction of court and parties, which would take into account the features of this form of fixing information, ensure compliance with the principles of civil proceedings, first of all, adversarial and equality of parties, immediacy and judicial truth. Legislation should provide for the possibility of performing a number of actions that improve the procedure for obtaining, examining and evaluating information on the circumstances of the case submitted in electronic form.","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":" 15","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139623354","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The meaning of the right to be heard for legal communication in the civil procedure 民事诉讼程序中法律交流的陈述权的含义
Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-01-14 DOI: 10.17803/2311-5998.2023.110.10.152-160
I. N. Lukianova
{"title":"The meaning of the right to be heard for legal communication in the civil procedure","authors":"I. N. Lukianova","doi":"10.17803/2311-5998.2023.110.10.152-160","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.110.10.152-160","url":null,"abstract":"To the relationship between the court and the parties is used the approach as to a communication, which allowed to identify the procedural formalities as a mechanism to ensure the rights of the party in judicial communication and justify the idea of the right to be heard as a fundamental provision of modern Russian civil procedural law. Recognized in the Russian doctrine of civil procedure law components of the right to be heard and to be heard by the court proposed to consider as corresponding to the two essentials for procedural law elements in the structure of communication — transmission of a message that has a meaning for the subjects of communication, and the intent of the sender of the message to induce his recipient to take a certain action. The manifestation of the main condition of communication — mutual recognition by the subjects of communication — in the content of the principle to be heard and heard by the court was found. The significance of the motives of judicial decision as a condition for the effectiveness of one of the elements of the structure of judicial communication is substantiated.","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"77 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139530169","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Foreign persons procedural rights implementation in the issuance of an exequatur by commercial court 外国人在商事法院签发执照时的程序性权利执行情况
Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-01-14 DOI: 10.17803/2311-5998.2023.110.10.194-199
V. I. Gilmanova
{"title":"Foreign persons procedural rights implementation in the issuance of an exequatur by commercial court","authors":"V. I. Gilmanova","doi":"10.17803/2311-5998.2023.110.10.194-199","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.110.10.194-199","url":null,"abstract":"The article is aimed at researching and evaluating compliance with the conditions for exercising procedural rights accessibility by foreign persons when issuing an exequatur by commercial court. By analyzing procedural legislation norms and practice, it was revealed that judicial communication peculiarities caused by the language barrier can lead to negative procedural consequences in the form of access to justice guarantees. The author proposes to organize the technical possibility of switching to viewing the Russian e-justice Internet pages in a foreign language. The article also substantiates the need to reimburse expenses for the interpreter services who was not involved in the case, while assisting a foreign person in exercising procedural rights outside the trial, but in connection with it. Similarly, it is proposed to reimburse the expenses of an attorney with knowledge of a foreign language, who performs the functions of an out-of-court interpreter.","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"50 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139530929","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
On the matter of reasonability of online communication of the court with an expert and a specialist in civil procedure 关于法院与民事诉讼专家在线交流的合理性问题
Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-01-14 DOI: 10.17803/2311-5998.2023.110.10.200-206
A. A. Lukashin
{"title":"On the matter of reasonability of online communication of the court with an expert and a specialist in civil procedure","authors":"A. A. Lukashin","doi":"10.17803/2311-5998.2023.110.10.200-206","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.110.10.200-206","url":null,"abstract":"The article is devoted to the issues of remote participation of an expert and a specialist in court sessions in the civil procedure. The author evaluates the admissibility of the construction of legal regulation of the issue under study only from the point of convenience and economy. Concerns expressed in the scientific and professional community related to the possibility of exerting pressure on witnesses when they participate in a court hearing using web conference are considered. The preservation of the risks noted in relation to the remote participation of witnesses during the interrogation of an expert and obtaining expert advice using web conference systems is justified. In conclusion, the author states that the unification of the provisions on remote participation in the court session of persons participating in the case and persons assisting in the administration of justice could not be assessed as successful.","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":" 36","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139623410","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Protocol in Civil Procedure: Some Aspects of Judicial Communication and the Principle of Immediacy 民事诉讼程序中的协议：司法交流的某些方面与即时性原则
Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-01-14 DOI: 10.17803/2311-5998.2023.110.10.207-213
A. D. Erzin
{"title":"Protocol in Civil Procedure: Some Aspects of Judicial Communication and the Principle of Immediacy","authors":"A. D. Erzin","doi":"10.17803/2311-5998.2023.110.10.207-213","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.110.10.207-213","url":null,"abstract":"The article reviews the court records as a tool to ensure the fixation of communication between the court and the participants of the process, and also defines its role in the appeal court proceedings. The author analyzes the existing approaches to the combination of recording facilities and criticizes the point of view on the use of audio-recording as the main way to record the court proceedings. Despite the identified disadvantages of audiorecording, the author concludes that it is impossible to return completely to the written record of the court proceedings and as a solution to overcome the shortcomings proposes the use of speech recognition technology to prepare a text record of the court session. According to the author, such a reformation of the civil process will reduce the burden on the court system employees and, at the same time, ensure the implementation of the principle of immediacy in the proceedings in the court of appeals.","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"90 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139530272","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Communication between court and participants as a guarantee of achievement of goals and objectives of civil and arbitrage proceedings 法院与参与者之间的沟通是实现民事和仲裁程序目标的保障
Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-01-14 DOI: 10.17803/2311-5998.2023.110.10.161-167
P. N. Matskevich
{"title":"Communication between court and participants as a guarantee of achievement of goals and objectives of civil and arbitrage proceedings","authors":"P. N. Matskevich","doi":"10.17803/2311-5998.2023.110.10.161-167","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.110.10.161-167","url":null,"abstract":"In the article author analysis the influence of communication between court and participants of proceedings on achievement of goals and objectives of civil and arbitrage proceedings. Author concludes that it is reasonably to examine proceedings by means of communication theory ant using its methodology. It is justified that court is obliged to provide effective communication in the Consideration of Case and take participation in communication with participants of proceedings.","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":" 39","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139623389","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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