Grigor'eva O.G. —
Powers of Soviet Courts to Provide Inter-Court Assistance in a Civil Action
// Sociodynamics. – 2013. – ¹ 2.
– P. 322 - 361.
DOI: 10.7256/2306-0158.2013.2.347
URL: https://en.e-notabene.ru/pr/article_347.html
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Abstract: The author of the article reconstructs the historical process of developing powers of Soviet courts to provide inter-court assistance in a civil action. The author studies the processes of formation and development of the Soviet civil procedure legislation starting from the first decrees on the courts up to the Civil Procedure Code of RSFSR 1964 with regard to the forms of international legal assistance and methods of delivering international court orders. The author of the article also analyes formation of associated powers both of national courts and a Soviet central offices of justice - the Ministry of Justice of the Union of Soviet Socialist Republics, Ministry of Justice of the USSR, Supreme Court of the USSR. Each historical stage described in the article is illustrated by archive materials of the State Archive of the Russian Federation and Foreign Policy Archive of the Ministry of Foreign Affairs of Russia.
Grigor'eva O.G. —
Theoretical bases for the international legal assistance in civil cases in accordance with the Soviet legal science.
// International Law. – 2013. – ¹ 1.
– P. 215 - 306.
DOI: 10.7256/2306-9899.2013.1.344
URL: https://en.e-notabene.ru/wl/article_344.html
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Abstract: The article is devoted to theoretical basis of the institution of international legal (inter-court) assistance in civil cases. The author studies historical prerequisites of formation of this institution in the Soviet law. She analyzes the theoretical developments of the Soviet civil law scholars and procedural law scholars in the sphere of definition and nature of international legal assistance in civil cases. The author provides her own definition of the term "international legal assistance on civil cases", and she provides a historical picture of formation of this term in the Soviet law and international treaties of the USSR on legal assistance. The author also singles out and classifies the principles of the said legal institution.
Grigor'eva O.G. —
Developing Methods of the USSR Foreign Relations Regarding Inter-Court Assistance in Civil Cases
// Sociodynamics. – 2013. – ¹ 1.
– P. 171 - 204.
DOI: 10.7256/2306-0158.2013.1.342
URL: https://en.e-notabene.ru/pr/article_342.html
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Abstract: Based on the analysis of the archives of the State Archive of the Russian Federation, Russian Ministry of Justice and Archive of Foreign Policy of the Ministry of Foreign Affairs of Russia, the author of the article describes methods of external relations of the Soviet competent uthorities regarding inter-court assistance in civil cases. These methods are classified depending on which competent authority is entitled to accept (and transfer) international court orders from competent authorities of foreign states. The author of the article in detail covers the diplomatic pattern of foreign erlations of the Soviet competent authorities ergarding inter-court assistance in civil cases. It is underlined that the dyplomatic pattern of foreign relations was typical for the Russian Empire and has been the only possible pattern ni the USSR until the 60's of the last century. Such method of external relations as the transfer of court orders by the central competent authority (Ministry of Justice of the USSR) was put to life only at late 50's of the last year after the USSR concluded the international treaty. As a rule, it was used only with the 'people's democratic' countries. Direct appeal of one court to a foreign court is the most progressive and efficient method of transfering court orders and it is typical for frontier or the friendliest states with similar legal systems. The last pattern was first implemented when the CIS was formed.
Grigor'eva O.G. —
International legal assistance in the system of international relations of the USSR.
// World Politics. – 2012. – ¹ 1.
– P. 92 - 129.
DOI: 10.7256/2306-4226.2012.1.256
URL: https://en.e-notabene.ru/wi/article_256.html
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Abstract: The article describes the main trends of Soviet foreign policy in the period from 1917 to 1991, was reflected in the formation of the institute of international legal assistance in civil matters. The author analyzes place, role and importance of international legal assistance in civil matters in the international relations of the Soviet state. This process is covered in terms of the basic foreign policy objectives of the USSR on a particular historical stage of development of international legal assistance in civil matters. The author provides analysis of the content of universal international conventions, which involved the Soviet Union, which are fundamental to the institution of legal aid in civil cases. The article expands upon the provisions of bilateral treaties of the USSR on trade and navigation, friendship and cooperation, legal assistance and legal relations, consular conventions.
Grigor'eva O.G. —
Participation of the USSR in Formation of International Grounds for Legal Assistance in Civil Affairs
// International Law. – 2012. – ¹ 1.
– P. 76 - 115.
DOI: 10.7256/2306-9899.2012.1.349
URL: https://en.e-notabene.ru/wl/article_349.html
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Abstract: The article describes the genesis of participation of the Soviet Union in formation of international grounds of legal assistance in civil affairs which was conditioned by the development of international relations, integration processes and other objective reasons. The author of the article describes the USSR participation in activities conducted by such international organizations as the League of Nations and United Nations (since 1945). The author also analyzes the prerequisites for the USSR joining the Hague Convention of of 1954 (on Civil Procedural Issues) in 1967 and the Hague Convention of 1961 (Abolishing the Requirements of Legalization for Foreign Public Domains) in 1991. The author shows the important influence of the Council for Mutual Economic Assistance on development of legal cooperation between socialistic countries. The author also studies the process of developing a many-sided convention on international legal assistane of the countries of people's democracies and analyzes the reasons why that convention was not adopted.