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Implementation of Common Law Uniformity Principle in Arbitration and Civil Proceedings

Student: Bykova Darya

Supervisor: Anna Groysberg

Faculty: Faculty of Social Sciences and Humanities (Perm)

Educational Programme: Legal Support and Protection of Business (Master)

Final Grade: 9

Year of Graduation: 2018

The implementation of the principle of uniformity of judicial practice is a priority in the context of judicial reform, which was begun in 2014. However, to date, there are no unified approaches to the resolution of civil cases in the judicial bodies of various instances on many contentious issues. It is supposed that in order to solve this problem, steps should be taken to legislatively fix the judicial precedent in the form of acts of higher courts, create a single procedural code, consolidate the principle of uniformity of judicial practice as an independent principle, and some others. At the same time it is proved that the recognition of acts of higher courts as sources of law and unification of procedural legislation will lead to the achievement of uniformity of judicial practice. Proposals for improving the legislation and the work of the judicial apparatus reflected in this work will also contribute to ensuring the protection of violated rights guaranteed by the Constitution, regardless of the subject of legal relations.

Full text (added April 27, 2018)

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