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Сonsideration of Cases on Disputing Non-Normative Acts (Decisions and Actions) of the the Bodies Which Exercise Public Powers in Arbitrazh Proceedings in the Russian Federation

ФИО студента: Yuliya Shulpina

Руководитель: Margarita Pavlova

Кампус/факультет: Faculty of Law

Программа: Jurisprudence (Bachelor)

Год защиты: 2017

The main purposes of this paper are to focus on the potential development ways of law of the arbitrazh procedure and identification of the gaps in the current legislation. This research draws upon mostly primary sources including the legal scholars’ writings and the arbitrazh courts’ decisions. Ultimately, the results of this study allow making proposals for the arbitrazh procedural legislation. One of the distinctive features of the Russian court system is lack of administrative courts. Cases, arising from administrative and other public relations, are settled by the courts of general jurisdiction and the arbitrazh courts. A number of cases, arising from administrative and other public relations, is growing. With the Arbitrazh Procedural Code, dated 2002, administrative proceedings have been selected from adversary ones in law of the arbitrazh procedure. The legal scholars are discussing the special nature of administrative proceedings in the arbitrazh procedure. Comprehensive investigations of theory and practice of administrative proceedings would be focused on a better understanding of the potential development ways of law of the arbitrazh procedure and made proposals for the arbitrazh procedural legislation. In particular, analysis of the decisions of the arbitrazh courts would be set forth key features of administrative proceedings as opposed to adversary ones. By examining the authorization of the arbitrazh courts, this paper also highlights the special nature of administrative proceedings in the arbitrazh procedure. The results of the study will be used to improve the existing procedural legislation. Identification of the gaps in arbitrazh law and in enforcement activities of public authorities allow improving the Russian legal system in general. Furthermore, certain provisions of the study could be used in the subject matter. The study is important for both the legal scholars and the legal practitioners.

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