Abstract: The article contains comparative legal analysis of the legislative regulations in the Civil Procedural Code and the Arbitration Procedural Code of the Russian Federation of the issues regarding the legal consequences of the claim for recognizing some evidence as being counterfeited (falcified). The author substantiates the conclusion on the need to explain the criminal law consequences both in the arbitration and civil proceedings, when such a claim arises. The author also resolves the issue on to whom ( to a party in a case or his representative) the consequences for the deliberately fraudulent claims and falcification of evidence in a civil case. The author offers to exclude the norm of Art. 161 of the Arbitration Procedural Code of the Russian Federation, according to which the challenged evidence may be excluded from the list of evidence upon the agreement of the party providing such evidence, since falcification of evidence is a crime with formal elements. The author studies the problems of interaction between the arbitration courts and law-enforcement bodies, when the elements of a crime are revealed, and proposes the ways to overcome the problems.

Keywords: legal nature of a claim, falcification, counterfeit, criminal law consequences, libel, deliberately fraudulent claim, bringing to liability, excluding the disputed evidence, judicial practice, civil law proceedings.

Abstract: The article provides the study of the system of appeals to the judicial decisions, which appeared in the pre-Revolution Russia due to the judicial reform of 1860s. The author studies the grounds for the appeals review of the judicial decisions of justices of peace and district courts, prior to their entry into force (non-final decisions). The grounds for appeal are divided into procedural and material legal ones. Special attention is paid to the types of decisions of the court of appeals. The author provides comparative legal characteristics of the grounds for the appeals and the causes (bases) for termination of final decisions via cassation. The article uses decisions of the Criminal Cassation Department of the Governing Senate, scientific works of the pre-Revolution scholars and legal practitioners (I.Y. Foynitskiy, S.Y. Viktorskiy, V.K. Sluchevskiy, L.Y. Tauber). The author draws a conclusion on the results of the reform of judicial appeals of 1864 and the possibility of use of its experience in the current reforms of the Russian criminal judicial procedure.

Keywords: judicial reform, the Charter of Criminal Judicial Proceedings of 1864, appeals, challenging the decision of a court on a criminal case, grounds for appeal, procedural grounds, material legal grounds, review of a judicial case, grounds for cassation review, court of appeals.

Abstract: The object of studies concerns the works of renowned Russian, Soviet and post-Soviet procedural law scholars on the issues of the guarantees of lawful interests and rights of a victim in a criminal judicial proceedings. The author notes the need to implement guarantees in several directions: regarding lawful interests and rights of a citizen and rights of a participant of a criminal judicial proceedings. Limitations of rights in criminal judicial proceedings may be both lawful and unlawful. At the same time, the limitations of the rights of a participant of the criminal judicial proceedings may be solely illegal. The study is based upon the methods of analysis, synthesis, generalization, as well as historical, formal legal, logical and comparative method. It is stressed in the article that incorrect scientific attitude towards normative regulation in part of guarantees of proprietary rights of a victim in the Russian pre-Revolution criminal judicial proceedings has its influence on the current attitude towards this procedural institution. The guarantees of rights of a victim, including the right of proprietary claims, requires more detailed studies of historical heritage, which should be carefully preserved as the basis for the system of legal guarantees in criminal judicial proceedings in the Russian Federation.

Keywords: Charter, criminal, judicial proceedings, lawfulness, victim, rights, interests, limitations, citizen, participant.

Abstract: The article concerns the key topical issues of current legislation in the sphere of use of heat supply infrastructure. The author studies specific features of legal status of the heat supply organization and the contract for the heat supply services. The article contains detailed analysis of sub-recipients in heat and electricity supply. The author also notes the tendency for the refusal from the traditional scheme for sub-recipient relations in the current legislation. The author evaluates the issues of access to heat supply infrastructure, provides characteristics of the contract for the connection to the heat supply system. The substantial defect of legal regulation in this sphere is lack of state-guaranteed right to connect to the heat supply system. The author evaluates legal nature of technical conditions, which the heat supply organization provides to consumers, and their role in the mechanism of legal regulation of access to heat supply system.

Keywords: jurisprudence, heat supply, infrastructure, contact, services, transfer, sub-recipients, access, energy, heat supply system.

Abstract: This article concerns the issue of contract-based lease of land relations in Germany, including definition for the lease of land, types of lease, substantial clauses of such contracts, data on the object of lease, term and order of concluding the contract, parties to the contract, their rights and obligations as well as the grounds for termination of such a contact. The author also contains analysis of specific features of this type of contract, which are only typical for the lease of land.

Keywords: comparative legal studies, contract, lease, Germany, land, right, law, legislation, obligations, Code, Civil.

Abstract: The article is devoted to the recognition of the deal as void by the court of general jurisdiction or arbitration court, as a new circumstance, which may serve as grounds for the revision of the effective judicial acts in civil and arbitration process due to the fact of their unlawfulness or lack of material grounds. This matter was included by the legislator into the list of new circumstances in the Civil Procedural Code of the Russian Federation and the Arbitration Procedural Code of the Russian Federation within the process of reform of the institution of the review of the effective judicial acts due to the new or newly found circumstances under the Federal Law of December 9, 2010 № 353-FZ and the Federal Law of 23 December, 2010 n. 379 –FZ. The author notes, that if the provisions of part 1 of Art. 166 of the Civil Code of the Russian Federation were to be interpreted literally, then the deal which is void based upon the grounds provided by the above-mentioned Code due to its recognition as void by the court or by law without need for such recognition (voidable and invalid deals), both of these types of void deals should be regarded as grounds for the review of the effective decision of the court. Due to this fact, the author comes to a conclusion that the legislator had mistakenly included voidance of the invalid deal as the new circumstance, which lead to the confusion in the process of application of this type of review.

Keywords: jurisprudence, new circumstances, review, civil process, arbitration process, effective judicial acts, voidable deal, invalid deal, void deal, invalidity, dualism of judicial protection.

Abstract: The article is devoted to the problems of protection of interests of a group of persons in the arbitration process. The author states that the group claim combines the institution of the judicial representation and the procedural co-participation. Studying the issues of protection of the group of persons In the arbitration process, the author comes to a conclusion that the general condition for the group claim in the Arbitration Procedural Code of the Russian Federation is incorrect and it allows for non-uniform interpretations.

Keywords: jurisprudence, group claim, protection of rights and legal Interests of persons, joining the claim for the protection of rights and legal interests of persons, group claim as a combination of the judicial representation and procedural co-participation, multi-subject relations, lack of procedural rights of members of the group, except for the right to join the group, initiator as a key figure, identification of the group of interested persons, conditions established by a judicial decision on group claim as res judicata.

Abstract: The article is devoted to the subjects of the counter-claim, namely, to the question on who may file a counter-claim. The author analyzes the positions among the scholars on filing the counter-claim by the «new» persons. In particular, the author analyzes two topical Issues, that is whether a counter-claim may be filed by a respondent and a person, who did earlier was not a party to the case, and whether the counter-claim may be filed against claimant and a person, who earlier was not a party to a case. The author analyze the issue on whether the third parties, who have an independent claim towards the object of the legal dispute (interveners of right) and the third parties who do not have such a claim (interveners) may present counter-claims, and whether the counter-claims may be brought against them. The author also evaluates the question on whether the prosecutor may file a counter-claim, when participating in the civil process in two forms provided by the law. Namely, based upon the analysis of the current legislation and judicial practice, the author analyzes the issues of whether the prosecutor has a right to file a counter-claim to protect the rights and interests of other persons (that is whether the prosecutor may join the case with a counter-claim, if he did not previously participated in the case), and whether the prosecutor may change the form of his participation in the cases where he is involved in order to obtain his opinion on the case, and file a counter-claim In order to protect the interests of the respondent in a case. The author also provides proposals on improvement of the legislation, and evaluates the issue of the possibility of a counter-claim against a counter-claim.

Keywords: jurisprudence, counter-claim, procedural co-participation, filing a counter-claim by a person, who previously did not participate In a case, intervener of right, intervener, prosecutor entering the case with a counter-claim, change for form of participation of a prosecutor in a case, counter-claim by a prosecutor, counter-claim against the counter-claim.

Abstract: The article is devoted to the positions in the key sources of the Russian Law starting with the time of the Russkaya Pravda and to the time of the current Arbitration and Civil Procedural Codes of the Russian Federation on the matter of falsified evidence. The author establishes the pattern regarding the connection between the greater role of written evidence and the changes in the regulation of Issues regarding their authenticity or falsified character. It is noted that the detailed regulation of the issues regarding falsified judicial evidence was started in the middle of the XIX century due to the Articles for the Civil Judicial Procedure of 1864. The author expresses an opinion on the need to amend the current Arbitration and Civil Procedural Codes of the Russian Federation, since the existing legal regulation of the issues of falsification of judicial evidence does not meet all of the demands of the legal practice.

Keywords: jurisprudence, falsification, fraud, dispute on fraud, dispute on doubts in authenticity, the Russkaya Pravda, the Law Codes of 1497 and 1550, the 1649 Code of Tsar Alexis, the Articles for the Civil Judicial Procedure of 1864, the Civil Procedural Code of the RSFSR

Abstract: The article is devoted to the institution of the court order procedure in the civil process from the standpoint of the topical issues, regarding the procedural specific features of issuing a court order. The author provides the formulae for the various amendments to the legislation in order to deal with the existing problems in this sphere. She also analyzes the issues of the correlation between the court order procedure and the simplified arbitration procedure on the cases regarding protest of a bill, non-payment, non-acceptance, and non-dated acceptance at the modern stage due to the changes in the Chapter 29 of the Arbitration Procedural Code of the Russian Federation.

Keywords: jurisprudence, court order, statistics, contents, form, refusal, motivation, the bill, simplified procedure, jurisdiction.

Abstract: The article is devoted to the complicated character of the legal relations, appearing in accordance with the judicial cases on changes in the legal positions of persons with mental disorders. The issue of including this category into the above-mentioned category of cases in accordance to the civil judicial procedure is quite controversial. Having analyzed the cases on limitations to legal capacity, on recognizing a person legally incapable, and on involuntary hospitalization, the author concludes that these cases should be dealt with in adversary proceedings, and regarded as transformative cases, which are aimed to change or limit legal status of a citizen.

Keywords: jurisprudence, lack of legal capability, judicial procedure, hospitalization, disorder, mental, illness, dispute, psychiatric, stationary.

Abstract: This article is devoted to the analysis of various points of view towards the term “judicial mistake” in cases of review of judicial acts, which are in force, due to new or newly found circumstances in civil and arbitration processes. The author analyzes the positions of the scientists, who work with this problem. The author also pays much attention to the definition of “judicial mistake”, based on the legislation of the Russian Federation and scholarly literature, then establishing the position clearly. It is considered that when the court fails to establish the fact, of which due to objective reasons the judge could not have known, should not be regarded as a judicial mistake. In spite of the dubious attitude towards correcting judicial mistakes at this stage of civil process, the author concludes that judicial mistake is not the basis for the revision of judicial decision due to new or newly found circumstances. The author then comes to a conclusion that in order to correct judicial mistakes one can use appeals, cassation and general revision procedures.

Keywords: jurisprudence, judicial mistake, review, Civil Code, arbitration process, review of the judicial acts, which are in force, new circumstances, newly found circumstances, judicial acts, grounds.

Keywords: Sudy obshchei yurisdiktsii, arbitrazhnye sudy, kriterii opredeleniya

Keywords: Sotrudnik organov vnutrennikh del, narushennye imushchestvennye prava, sudebnaya zashchita.