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The Judgment of the Arbitrazh Court of First Instance

Student: Alevtina Kanzheleva

Supervisor: Dinara Bekyasheva

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2016

Present work is devoted to the complex and comprehensive investigation of theoretical and practical problems related to the core of the commercial court decision, its content, main features and basic requirements. Besides, this paper aims to discover how the institute of the court decision is regulated in the current legislation regulating the proceedings in commercial courts as well as establish trends of the commercial court decision development. There are three main tasks which have been solved to achieve these purposes. First of all, the approaches to understanding of the nature of the commercial court decision was defined and revealed by the author through by studying existing points of view in legal literature. Secondly, the current legislative regulation concerning arrival at a decision, its content and structure was analyzed. Finally, the basic requirements to the form and content of the decision of the arbitrazh court existing in legislation regulating the proceedings in commercial courts and science procedural law were studied. Besides, attention was paid to the development of suggestions about optimization of legal regulation of the institute of the court decision in current legislation. Following conclusions and suggestions were made by the author after the study. 1. The nature of the commercial court decision is to defend the violated or disputed rights and legitimate interests of persons, performing entrepreneurial activities. 2. The decision of a commercial court as the procedural document must consist of four parts: introductory, descriptive, motivational and operative. 3. The content of the decision of the commercial court must comply with eight compulsory requirements such as legality, validity, completeness, clarity, absoluteness, literacy, motivation and fairness.

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