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Institute of L\'astreinte in Arbitral Procedure Under Russian Law

ФИО студента: Ilya Selkov

Руководитель: Margarita Pavlova

Кампус/факультет: Faculty of Law

Программа: Jurisprudence (Bachelor)

Год защиты: 2017

At the current stage of the development of law, our state faces a serious challenge in terms of non-enforcement of the court judgment. Nevertheless, the legislator tries to stimulate debtors to enforce court decisions through a number of judicial penalties. Consequently, the effectiveness of this set of legal procedures used by court will shape and satisfy not only the interests of the creditor but also the authority of the judicial branch the decisions of which lead to effective results. This study is devoted to the research field that focuses on the development of the astreinte institute (judicial penalty) and its best practices, how it develops in Russia and what possible measures of its improvement should be taken in order to use it effectively. A multi-method research design including a qualitative comparative analysis and a framework analysis will be used to comprehensively investigate the functioning of astreinte in different states and identify specific features as well as we will be able to understand the psychological aspects of the work of judges related with astreinte. In this way, the study may contribute to academic knowledge and change the psychology of the judges, who appoint the amount of the astreinte.

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