арбитражный процесс
Theoretical and Practical Issues of the Hearing with Videoconferencing Systems |
The persons involved in the case have the right to participate in arbitration Russia remotely using videoconferencing systems (VCS) according to the Federal Law dated 27.07.2010 № 228-FZ. This article examines a number of problems in the implementation of this law. Theoretical analysis. The author substantiate of independence of the Institute «hearing by VCS». We investigate the controversial moments of break and deposition hearing, which is conducted with IT-technology. We give a number of practical recommendations on the content of a pleading for video conferencing, and theoretical analysis of Part 1 of Article 153.1 of the Arbitration Procedure Code (APC) in respect of the persons entitled to file such a petition. The author proposes to amend to the paragraph 2 of Part 2 of Article 64 of the APC on the list of admissible evidence in the hearing via VCS. Conclusions. The need to consolidate the common rules for the arbitration courts in Russia hearings by VCS. The author proposes a definition of «hearing with videoconferencing systems». |
Izv. Sarat. Univ. Economics. Management. Law, 2013, vol. 13, iss. 3(1) |
Results of Abstract Interpretation of the Volume of Norms of Civil Procedural Law |
Introduction. The interpretation of legal norms is one of the main issues of legal science and practice which are quite debatable. The problem of interpreting norms in terms of their volume is very significant and is widely discussed in modern jurisprudence. The interpretation of the volume of norms acquires particular importance when it concerns civil procedural law as a system of norms that establish the procedure of hearing and solution of civil cases, administrative cases and some other ones. Theoretical analysis. An abstract interpretation of procedural norms is a relatively independent legal activity that is not absorbed by law-making and law enforcement. The results of such interpretation should not be included in the interpreted procedural norm. The legal provisions formed as a result of the procedural norms interpretation can differ from the content of the interpreted norm (restrictive and extensive interpretation). Empirical analysis. The practice of abstract interpretation of procedural norms by senior courts allows to identify complementary and excluding legal provisions which in terms of their volume and content differ from the interpreted procedural norm. Exclusive provisions are less common due to the prevailing imperative nature of civil procedure law. Results. The extensive and restrictive interpretation of the norms of civil procedural law leads to the formation of special complementary and excluding legal provisions that express the real meaning of the procedural norm with the generalization of practice of its implementation (including certain types of cases and certain legal situations). |
Izv. Saratov Univ. (N. S.), Ser. Economics. Management. Law, 2019, vol. 19, iss. 3 |