Дрозд Данил Олегович
Judicial Discretion on the Example of Corporate Disputes in Russia and in the UK
Юрист в правосудии и правоохранительной деятельности
The core focus of this dissertation is dedicated to the exercise of judicial discretion in the resolution of corporate disputes. The research provides a detailed analysis of judicial discretion in this specific context based on examples of the Russian Federation and the United Kingdom. First of all, this study offers a theoretical analysis of judicial discretion with particular attention paid to its essence, significance for judicial proceedings, limits of judicial discretion, and definitions of this expression. Then the dissertation compares approaches to judicial discretion in Russian and English civil proceedings primarily on the examples of corporate disputes. This research paper analyses important areas for judicial discretion in corporate proceedings such as production and evaluation of evidence as well as exclusionary and inclusionary discretion. After that, the study examines current regulation in this specific field in Russia and the UK by comparing with theoretical ideas. Finally, the author provides a conclusion regarding the disadvantages of judicial discretion in the Russian Federation and gives some recommendations for the future development of its regulation.