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Appellate Commercial Court Proceedings in Russia: Trends and Prospects

ФИО студента: Aynur Timurshin

Руководитель: Margarita Pavlova

Кампус/факультет: Faculty of Law

Программа: Jurisprudence (Bachelor)

Год защиты: 2016

A.I. Timurshin Appellate Commercial Court Proceedings in Russia: Trends & Prospects The overview represented in the script demonstrates trends of development of the legal rules, regulating procedure of consideration and resolution of appeal claims by the appeal court in commercial court proceedings. The aim of the work is to study the institution of the appeal and exposure the problems occurring in proceedings and the trends of development of appeal commercial court proceedings in Russia. The main objectives are: a) analysis of the historical development of the institution of appeal; b) classification of types of the appeal; c) measuring the limits of the consideration of the appeal claim; d) analysis of the grounds of alterations and reversal of the first instance court decisions; e) exposure the trends of development of legal proceedings on appliance of procedural law rules related to the limits of the consideration of the appeal claim. As a result of research conducted following conclusions are made: a) the model of mixed appeal is established in the Russian Commercial Code, which allows parties to complaint almost every decision of the first instance court, that guarantees the most fair dispute resolution and provides basis of the full execution of the guarantee of the judicial protection; b) if parties do not claim of the full consideration of the case, the court have to not go outside the limits of the appeal claim, as it may worsen position of the party; c) it is recommended to modify the procedural rule about accepting new pieces of evidence by adding the criterion of the significance of the new piece of evidence. Academic Supervisor: Margarita Pavlova, C.J.S. Associate Professor, Lecturer of the Department of Judicial Power and Justice Administration, Faculty of Law, National Research University “Higher School of Ecomonics”

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