Vsevolod V. Argunov
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Appointment of examination by a notary: actual problems of theory and practice (on the case materials)Moscow University Bulletin. Series 11. Law. 2024. № 5. p.115-146read more156
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Through the prism of comparison with the rules of civil procedure, topical issues of appointment of an examination by a notary in order to provide evidence are considered. The problem of the scope of application of procedural legislation to notarial actions to provide evidence is revealed. Since the introduction of this notarial act in the 1930s, its legal regulation has not changed substantially. As before, the current legislative model provides for the direct application of procedural rules on the provision of evidence by the court, but does not specify which procedural rules should apply when providing evidence by a notary. Special attention is paid to the problems of the conditions for the appointment of an examination, challenging the appointment of an examination as a perfect notarial act. Possible contradictions that arise between interested parties during the appointment of an examination by a notary have been identified. An extended interpretation of the provisions of art. 103 Fundamentals of the Legislation of the Russian Federation on the notary, leads in practice to a statement of challenges to the notary, conflicts between the applicant and interested parties on the candidacy of an expert (expert institution), the wording of questions to the expert, ambiguities with the legal force of the notary’s decision on the appointment of an examination. Clarifications to the current legislation on the notary are proposed, based on the separation of legal regulation of notarial and judicial support of evidence, as well as the appointment of an examination by a notary as an independent notarial action to certify indisputable facts.Keywords: civil procedure, notary, provision of evidence, proof and evidence, appointment of an examination by a notary, judicial examination, protection of the rights of a notary in court
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Department of Civil Procedure at Moscow University: Legal science in post-soviet timesMoscow University Bulletin. Series 11. Law. 2024. Vol. 65. № 6. p.95-122read more64
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The article presents the contribution of Moscow University scientists to the development of the science of civil procedure law in the post-Soviet period. The main directions of scientific research conducted at the Department of Civil Procedure are considered. The article presents the contribution of Moscow University scientists to the development of the science of civil procedure law in the post-Soviet period. The directions of scientific research conducted at the Department of Civil Procedure are considered. The doctrine of judicial evidence and evidence in civil proceedings has been put forward as the main direction. The contribution of scientists and teachers of the department to the formation of the Moscow school of judicial evidence is shown. Successfully formed and updated such areas of research as: subjects of civil procedure law, their legal status and procedural status; theory of forms of protection of subjective rights (legitimate interests), — justice and non-judicial forms of resolution and settlement of civil law disputes (notary, arbitration, mediation, etc.); verification and revision of judicial acts in civil procedure; accessibility of justice in civil cases in Russia. Scientific research on the specifics of the consideration and resolution of civil cases, initiated at the department in Soviet times, has received general recognition and has been introduced into the teaching program of civil procedure law at the international level. The methodology of scientific research and teaching of civil procedure law is a separate and constant concern of the entire staff of the department. All research is moving along an evolutionary path: the valuable material accumulated by scientists in the Soviet and pre-revolutionary period is taken into account. The relevance of earlier scientific results for modern doctrine and legislation on civil proceedings and forms of protection of subjective law (legitimate interest) is shown. The prospects of science and teaching of civil procedure law at Moscow University are outlined.
Keywords: civil procedure, arbitration process, civil procedural law, administrative proceedings, civil procedural form, principles of civil procedural law, evidence, types of civil proceedings, history of Russian state and law
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