Perm University Herald. Juridical Sciences. 2017. Issue 1 (35)

V. G. Golubtsov,
Perm State University

D. Kh. Valeev,
Perm State University

Introduction: in the article, the analysis is given of the main provisions of the current legal regulation of the civil procedure in the countries of the Commonwealth of Independent States. This is a topical question for Russian legal science in the context of reforms that have taken place over the past three years and further changes planned in the civil procedure. Purpose: the authors made an attempt to identify the special features of the civil procedure that distinguish the legal system of one CIS state from the legal systems of all the other countries of the CIS.
Methods: the research is based on the dialectical-materialistic method of cognizing legal reality, general scientific methods (analysis and synthesis, logical method), and specific scientific methods (system-structural, formal-legal, comparative law methods). Results: the study has revealed that, despite the many years’ experience of enforcing the USSR procedural law, which became the basis for the subsequent development of legal branches in the CIS countries, serious differentiation of particular institutions of the sector has already been achieved. For example, the Constitutional Court of the Azerbaijan Republic is actually the higher authority for appealing against decisions of the Supreme Court. The new judicial system of Armenia operates on the basis of case law. The Civil Procedure Code of Kazakhstan provides for the possibility to apply for a participatory procedure as a kind of alternative settlement of a dispute. The courts of the aksakals operate in the Kyrgyz Republic. In Moldova, there is a special independent body – the Supreme Council of Magistracy. In 2014, the judicial reform was initiated in the Russian Federation, which resulted in the abolition of the Supreme Arbitration Court of the Russian Federation and delegation of its powers to the Supreme Court of the Russian Federation. In the Republic of Tajikistan, a person introduced to the position of judge for the first time ever can work as a trainee judge within a year. The structure of the judicial system of Turkmenistan does not have the Constitutional Court as an institution of judicial constitutional control. Conclusions: the diverse experience of the CIS countries allows one to conduct comparative legal studies in order to identify the advantages and disadvantages of certain legal regulation mechanisms, both borrowed from European countries and those inherent for the nation by virtue of traditions and customs.