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Delivery of a Judicial Order: Judicial and Arbitration Processes in the Russian Federation Comparison Analysis

ФИО студента: Irina Uskova

Руководитель: Daniil Krymskiy

Кампус/факультет: Faculty of Law

Программа: Jurisprudence (Bachelor)

Год защиты: 2017

The diploma paper is related to the investigation the nature of the application of a judicial order as form of speeding up and simplification of operation of the court and a comprehensive analysis of the peculiarities of the legal position in both civil and arbitration processes. The main focus of the diploma is historical and legal analysis of the institution of a judicial order, the determination of the role of a judicial order in the system of norms of civil and arbitration procedural legislation, identification of the specifics of cases dealing with a judicial order. The diploma covers the overview of procedures of the application of a judicial order, reflected in civil and arbitration codes of the current edition. The main emphasis is made on the examination of requirements, enabling of a judicial order and current procedural order. Considerable attention is paid to the analysis of judicial acts of higher courts, as well as their explanations of the application of procedural law, and judicial practice relating to the main object of the study. Significant differences of individual interpretations are identified within the study, it causes the necessity of alignment of legal regulation and of separate branches of legislation, assurance of an optimal mix of acceleration processes of the claiming processes and respect of rights of the parties in civil and arbitration disputes. It is highlighted that further development of the a judicial order is largely determined by the ability to facilitate simplification of the entitlements of citizens and the perspective of reducing the load of judicial authorities in respect of undisputed claims, the validity of which is obvious and objectively confirmed by the presented documents.

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