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The Problem of Uniform Procedural Legislation: Trends and Perspectives on the Example of the Unified Code of Civil Procedure of the Russian Federation

ФИО студента: Andrey Kolbun

Руководитель: Margarita Pavlova

Кампус/факультет: Faculty of Law

Программа: Jurisprudence (Bachelor)

Год защиты: 2018

The purpose of this study is to examine trends and prospects for the unification of procedural legislation. The following tasks were set to achieve this goal: a) within the framework of this work, the aim is to disclose the legal nature of civil, arbitrazh and administrative proceedings on the basis of ongoing scholar discourse; b) it is planned to analyze and compare among themselves a number of legislative models and proceedings of the three legal acts to answer the question of the possibility of the implementation of the concept of Unified Civil procedural Code as the highest form of unification of the process. Graduation qualification work consists of an introduction, two chapters, conclusion and a bibliographic list. The first chapter is devoted to clarifying the legal essence of civil and arbitrazh proceedings, administrative proceedings, as well as an answer to the question of the practical necessity of adopting the Unified Civil procedural Code. In the second chapter, the author compares a number of existing procedural models and the text of the concept of the Unified Civil procedural Code, then, the researcher critically evaluates the proposals of the developers of the Concept of the Unified Civil procedural Code. Based on the work done, the following conclusions are formulated as follows. First, the civil and arbitrazh procedures can equally be attributed to the general civil process, which creates the prerequisites for the unification of the process and the adoption of the one procedural law. Secondly, the administrative form of legal proceedings does not belong to the civilized type of the process due to certain peculiarities, and therefore its preservation in the Arbitrazh procedural Code and in the Concept of the Unified Civil procedural Code violates the uniformity of the legal system as a whole, adversely affecting the consistent unification of procedural rules.

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