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Tutorship and Guardianship Agencies in the Civil Process.

Student: Babushkin Vasilii

Supervisor: Daniil Krymskiy

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2018

Annotation Vasiliy D. Babushkin Graduation qualification paper on the topic "Tutorship and Guardianship Agencies in the Civil Process". The purpose of this work is to systematize and analyze legislation and judicial practice, as well as to identify forms of participation of guardianship and tutorship bodies in Russian civil proceedings. The main tasks of this work are: to consider the historical development of the guardianship and tutorship bodies; determine the legal status of guardianship and tutorship bodies; investigate procedural legislation related to the participation of guardianship and tutorship bodies in the civil process, including forms of participation of such bodies in civil proceedings; to analyze judicial practice and particular civil cases with participation of such authorities. On the basis of the conducted research, the following conclusions are made: a) the guardianship and tutorship agencies act as a guarantor of protection of the rights and legitimate interests of minors, incapable, limitedly capable and other people; b) such bodies take part in the civil proceedings in two forms: they can either go to court with a claim (initiate a civil case), or participate in an already started civil case as a body authorized to submit a legal opinion on the case; c) such bodies have almost full scope of procedural rights and duties. According to the results of the research, the author proposes changes in the legislation regarding the requirements (form and content) for the legal opinions provided by the guardianship and tutorship bodies. Also, the author indicates gaps in the current legislation, which show the need for further study of the topic. Scientific advisor: D.I. Krymskiy, PhD in Law, Associate Professor at the Department of Judicial Power of the Faculty of Law of the National Research University Higher School of Economics.

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