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Default Proceedings in Russian Civil Justice

Student: Krutko Mikhail

Supervisor: Maria Filatova

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2017

We have analyzed the institute of default proceedings in Russian civil justice in this final project. The emergence of the institute of default proceedings has become the basis for a variety of theoretical and law-enforcement problems in the Russian legal system. The essentiality to decision on matters such as the right of the defendant to submit an application for reversal of a judgement in absentia, methods and mechanisms which help the defendant to hamper the consideration of a case and other crucial matters creates a lot of debate among experts, resulting in a lack of consensus on them. Herein is the relevance of the study. The aim of this essay is an extensive analysis of the institute of default proceedings in Russian civil justice. In accordance with this purpose there are specific objectives: 1. to identify and analyze the essence and history aspect of this institute; 2. to study application features; 3. to consider of the basic characteristics of the institution; 4. to correlate in the legal position of default proceedings and simplified (summary) procedure; 5. to identify the most crucial problems of different nature related to the theory and application of this institute and find ways and means of their solution. The institute of default proceedings is actively applied in the legal precedents and widely discussed in the theoretical plane. This is the reason for constant attention to this institution by the leading scientists in the field of law, such as Anokhin V.S. (Анохин В.С), Bochkarev A.E. (Бочкарев А.Е.), Vaskovsky E.V. (Васьковский Е.В.) etc. One of the most important corresponding results have confirmed that the institute of default proceedings provides for additional guarantees for the claimant and the defendant and the trial is held in a regular manner with some features. In conclusion, we will provide suggestions to solve the problems.

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