Research on the Russian Civil Procedure Law

Author: Zhang Jiahui
Publisher:
Publish Date: 2004-03-01
Features: The title of this work is "Research on the Russian Civil Procedure Law," which includes an introduction and main body. The introduction primarily analyzes and argues some prominent features of the current Russian civil procedure law. The main body consists of four parts, focusing on research into the theory, basic principles, systems, and procedures of the current Russian civil procedure law. Among them, the first part is titled "Theory and Principles," the second part is "Systems," the third part is "Procedures," and the final part is "Other Topics," mainly covering the rights of foreign nationals and stateless persons in Russian civil litigation, judicial assistance, and the recognition and enforcement of foreign court judgments by Russia. The reason for including an "Other Topics" section in this work is that it was deemed unsuitable to place the civil litigation rights of foreign nationals and stateless persons, judicial assistance, and the recognition and enforcement of foreign court judgments in any of the preceding parts. This section is Chapter 19, which is also the final chapter of the work. It briefly discusses the civil litigation rights of foreign nationals and stateless persons, international jurisdiction, judicial assistance, and the recognition and enforcement of judgments and arbitral awards from foreign courts.
The title of this work is "Research on the Russian Civil Procedure Law," which includes an introduction and main body. The introduction primarily analyzes and argues some prominent features of the current Russian civil procedure law. The main body consists of four parts, focusing on research into the theory, basic principles, systems, and procedures of the current Russian civil procedure law. Among them, the first part is titled "Theory and Principles," the second part is "Systems," the third part is "Procedures," and the final part is "Other Topics," mainly covering the rights of foreign nationals and stateless persons in Russian civil litigation, judicial assistance, and the recognition and enforcement of foreign court judgments by Russia.
The first part includes Chapters 1 to 4, with Chapters 1 to 3 studying some basic theoretical issues in Russian civil procedure law, and Chapter 4 covering the basic principles of Russian civil procedure law. The second part includes Chapters 5 to 10, discussing and researching the five major systems in Russian civil procedure law. The third part includes "First Instance Procedure," "Second Instance Procedure," "Review Procedure," and "Enforcement Procedure." Generally, it is believed that there are only three types of trial procedures in Russian civil procedure law: civil procedure, special procedure, and the trial procedure for cases arising from constitutional and administrative legal relations. Considering that the (payment order) is also a simplified procedure for pursuing undisputed claims and that the relevant foundational documents for payment order applications are reviewed by the first instance court, it still falls broadly under the first instance procedure in a broader sense. Therefore, it is included in the first instance procedure for discussion in this work. The second instance procedure is the appellate procedure. The review procedure includes two types: one is the review of judgments, decrees, and decisions that have already taken legal effect under the trial supervision procedure, and the other is the review of judgments, decrees, and decisions based on newly discovered facts.
The reason for including an "Other Topics" section in this work is that it was deemed unsuitable to place the civil litigation rights of foreign nationals and stateless persons, judicial assistance, and the recognition and enforcement of foreign court judgments in any of the preceding parts. This section is Chapter 19, which is also the final chapter of the work. It briefly discusses the civil litigation rights of foreign nationals and stateless persons, international jurisdiction, judicial assistance, and the recognition and enforcement of judgments and arbitral awards from foreign courts.
The discussion in this monograph is comprehensive and thorough. The author does not simply introduce the legal provisions of Russian civil procedure law but first elaborates on theoretical issues such as civil legal relationships and claims in Russian civil procedure law, demonstrating a solid theoretical foundation. Second, the introduction of Russian civil procedure law legal provisions is not limited to the "Code of Civil Procedure of the Russian Federation" but is supplemented by the provisions of relevant legal departments such as the "Law on the Procurator's Office of the Russian Federation," the "Code of Civil and Family Laws of the Russian Federation," and the "Law on State Nature Conservation of the Russian Federation." Third, when introducing the Russian civil procedure law, relevant explanations and interpretations are provided, and the characteristics of civil litigation are summarized, which offers enlightenment for China's civil judicial reform. Fourth, the content of Russian civil procedure law is comprehensively and systematically analyzed from aspects such as the objects of protection, the jurisdiction and authority of courts, litigants, evidence periods, litigation costs and fines, default judgment in first-instance litigation procedures, special procedures, second-instance procedures, review procedures, enforcement procedures, and judicial assistance.