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Extrajudicial Dispute Resolution Procedure in Russian Federation

ФИО студента: Ekaterina Mokrushina

Руководитель: Margarita Pavlova

Кампус/факультет: Faculty of Law

Программа: Jurisprudence (Bachelor)

Год защиты: 2017

This bachelor thesis is aimed at analysis of the phenomenon of compulsory extrajudicial dispute resolution procedure in Russian Federation. The main objectives of the thesis are: a)to determine the general tendencies of the extrajudicial dispute resolution procedure development and the evolution of legal rules linked to it in USSR and Russia; b)to consider a legal nature of complaint procedure and to compare the main approaches to it; c)to define the main purpose of complaint procedure according to its legal nature; d)to extract certain case types in which complaint procedure loses its sense; e)to give the appropriate wording of legal rule regulating compulsory extrajudicial dispute resolution procedure. This thesis is comprised of an introduction, three chapters with eight paragraphs in it, conclusion and a bibliography. Chapter I reveals the historical background of complaint procedure from the latest year of Russian empire till the present times and considers the main tendencies of complaint procedure and main features of it. Chapter II uncovers the legal nature and the purpose of the complaint procedure according to the theoretical conclusions and personal opinions of consummate nationalists. Chapter III is dedicated to different types of cases where compulsory extrajudicial dispute resolution procedure looks unnecessary or absurd and explains why it is so. During this research author came to several conclusions: firstly, the main aim of complaint procedure is not to reduce the caseload in arbitration courts but to protect the violated rights of legal entities by the cheapest and fastest means, secondly, there are some criteria which the complaint must meet to correspond the due compulsory extrajudicial procedure (these criteria derive from the analysis of judicial precedents), thirdly, the author suggest a definite wording of legal rule regulating compulsory complaint procedure which might be the better one then the existing wording.

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