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Summary Proceedings in the Arbitrazh Litigation

ФИО студента: Daria Mikhaylova

Руководитель: Liubov A. Prokudina

Кампус/факультет: Faculty of Law

Программа: Jurisprudence (Bachelor)

Год защиты: 2016

This graduation qualification study is dedicated to the institution of summary proceedings in the arbitrazh process. The research explored different scientific approaches, revealed opinions of different lawyers including their practical recommendations for improving summary proceedings. Also this study analyzed the judicial acts and clarifications of superior courts on the application of summary proceedings. The purpose of this research is to examine legal literature, judicial practice, procedural legislation considering changes that enter into force on June 1, 2016 and carry out a comprehensive analysis of the summary proceedings in the arbitrazh process. In addition, the purpose includes the identification of both theoretical and practical problems of realization of the Institute of summary proceedings in practice. The objectives of this research are: to study the concept and the nature of summary proceedings, identify their characteristic features; to explore different forms of summary proceedings in the Russian arbitrazh and civil processes; make a comparative analysis of current and new forms of summary proceedings in Russian procedural legislation; to reveal the features of the procedure, categories of cases of summary proceeding as well as the order of adjudication. The methodological basis of the research is a set of general scientific knowledge and special research methods: analysis and synthesis, analogy, comparative legal method, formal-legal method. The empirical basis is decrees of superior courts, informational letters, legal acts of the lower arbitrazh courts, judicial statistics. The study consists of an introduction, three chapters, conclusion and bibliography. Summarized results of the study and conclusions about the features of summary proceedings in the arbitrazh process are presented in the conclusion.

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