The Legal Status of Subjects of Corporate Relationships: Doctrinal and Law Enforcement Aspects

The article reviews the legal status of subjects of corporate relationships, analyzes doctrinal and law enforcement aspects. The author analyzes the scientists’ standpoints, various models of interaction between the subjects of corporate relationships existing in foreign law and order, case law, arrives at conclusions about the correlation between the categories of the “right of participation”, “right of membership”, “right of management”. It is noted that the membership concept evolves out of participation by performing the function of a generic term. It is suggested to determine the “right of management” of a corporation as just one of the member’s activity areas along with other rights. The author recommends to ensure consistency of the provision of Article 2 of the Civil Code of the Russian Federation and Articles 65.2, 65.3 of the Civil Code of the Russian Federation where the concept of the “right of participation” would act as a basic one and the “right of management” would be its constituent part.

Peculiarities of the Claim Form of Right Protection in Acknowledgment of a Public Auction Invalid in the Course of Sale of Debtor’s Property

The article discusses the features and basic rules for filing a statement of claim that public tenders are invalid in the enforcement proceedings. The author examined the grounds for the invalidity of public tenders, established not only at the legislative level, but also set out in the acts of interpretation of law. Each ground for invalidating public tenders is illustrated by examples of judicial practice, which highlighted the uniformity and contradiction in the application of material standards by the courts. The scientific researches devoted to this problem are analyzed and a personal view on the solution of some issues in the considered area is proposed.

The Improvement of the Summary Jurisdiction Procedure in the Russian Civil Proceedings for the Implementation of the Principles of Procedural Economy

The Institute of simplified proceedings was introduced into the civil procedure legislation in March 2016 and was to increase justice availability, court procedures optimization, its precipitation and simplification. It certainly corresponds to the basic postulates of procedural economy principles, which in turn imply the effectiveness of the court’s protection of citizens’ violated rights and freedoms by saving financial and necessary for the case consideration time resources. This article is devoted to analysis of the Institute of simplified proceedings, problems associated with procedural rules application in the context of the procedural economy principle, as well as improving this procedural institution ability.

On Some Relevant Issues of Mediation and Judicial Representation in a Civil and Arbitration Procedure

The article is devoted to topical issues of conciliation procedures, mediation in connection with the institution of legal representation and law costs. The problematic aspects that hinder the wider application of the mediation procedure are stated, the ways of improving the legislation are proposed.

Application of Justice by Court in Solution of Conflicts of Legal Interests

Despite the widespread consolidation of the principle of justice in normative acts, its law enforcement significance continues to be debatable, while the analysis of judicial practice shows that courts often use the noted moral and ethical principle as a basis for resolving conflicts of substantive, procedural interests, including in cases where such conflicts are based on conflicting principles of law. It is significant that the free operation of the category of justice is peculiar to the verification instances, while for the first and initial verification instances the content of the principle of justice and its application to the settlement of disputes continues to be obscure. In order to solve this problem, the article attempts to determine the content of justice and derive a formula for its practical use.

Justice and a Court Ruling Using WhatsApp: Admissible Civil Procedure Reality?

The article is devoted to the subject of admissibility of the consideration and resolution of the case by the court by video call using the WhatsApp messenger. This study is relevant in view of the presence of common problems of legal regulation of procedural rights and obligations that are implemented by various participants in legal proceedings in electronic form. In order to form a comprehensive understanding of e-justice and e-justice, general scientific and private law (historical-legal, formal-legal, comparative-legal) methods are used. The question is being examined whether the court’s decision, taken as a result of the consideration of the case by video call using the WhatsApp messenger, is a procedural act, which was decided in a well-known procedural form. It is substantiated that such a decision is any other law enforcement document, but not a procedural one, since, as a general rule, for remote participation in a court session of all interested parties, only video-conferencing systems of the courts at the place of residence, stay or location of these persons are used. It is concluded that in order to transform the existing order of participation in the court session by means of video-conferencing, it is necessary to make amendments and additions to the current procedural law, allowing the presence of interested subjects anywhere outside the court, thereby legitimizing such a procedure.

Right Protection and Reconciliation of the Parties: The Issue of the Concepts and Correlation

The article analyzes the concept of legal protection, reveals its features. A distinction is made between protection of law and protection of law. Self-defense of civil rights is investigated. It is shown that self-defense is not an independent method of legal protection, since its result is not guaranteed by the state, and self-defense measures can be qualified as an offense. The concept and grounds for concluding an amicable agreement are revealed. It has been proved that amicable agreements can be concluded only in cases of a private law nature. Settlement agreements in public-law conflicts are allowed by the current procedural legislation, but they can be a means of committing corruption offenses. The author distinguishes between an amicable agreement as a procedural act and agreements on conciliation concluded out of court and having a civil law nature. Mediation is investigated as an out-of-court procedure for resolving civil conflicts. It was proposed to supplement the requirements for the candidacy of mediators with an indication of the obligatory presence of a higher legal education. It was also proposed to supplement the procedural legislation with sections on the procedure for challenging mediation agreements and on the issuance of writs of execution on them (by analogy with the decisions of arbitration courts), as well as an indication that the presence of a mediation agreement concluded by the parties is grounds for refusing to accept the statement of claim and for terminating proceedings on the case.

The Problem of Judicial Discretion in Declaration of Evidence Falsity by a Party as a Hindrance to Fulfillment of Tasks of Judicial Proceedings in a Civil Procedure

Judicial discretion at the statement of the party about falsity of the proof is considered as the problem creating obstacles to achievement of objectives of legal proceedings in civil process. Ways of its resolution are offered: establishing in the legislation or Resolution of the Plenum of the Supreme court of the court’s obligation to appoint an examination or offer the parties to submit other evidence when a party claims that the evidence is false, only if the suspected evidence confirms or refutes a fact that is relevant to the case, but in fact at the time of filing such an application there is no evidence directly confirming or refuting this fact; establishing liability in the form of a fine on the party that did not substantiate the statement of fraud; addition of the article of the civil procedure code of the Russian Federation on the statement of falsification of evidence, the rule on sending information about it to law enforcement agencies in necessary cases, when establishing the falsification of evidence; revision for newly discovered circumstances when providing new evidence, when evidence showing a lie appeared after the decision entered into legal force (through implementation by official interpretation).

The Main Civil Procedure Development Areas and Tendencies

The article reveals the main directions and trends in the development of the civil process, in particular, the tendency to bring together not only civil and arbitration processes, but also civil and administrative processes. Demonstrates the desire of the legislator to unify civil, arbitration and administrative proceedings. The realized ideas of unification of the civil process are analyzed, such as replacing the institution of jurisdiction with the institution of jurisdiction, reforming simplified procedures for considering cases, introducing the institution of conciliation procedures, changing the procedure for calculating procedural terms, changing the procedure for considering challenging a judge, and other issues that accompany reforming the civil process.

Peculiarities of Small Claim Review in New Zealand

The article analyzes the distinctive features of the small claims’ consideration procedure in New Zealand. The features of the tribunals for the resolution of such cases functioning and the procedural order of their consideration are investigated. Based on the study, the author concludes that there is an extrajudicial procedure for resolving simple disputes in New Zealand, resulting from the society’s need for quick and effective resolution of conflicts without using traditional court procedures.