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  • The Recognition of the Facts of the Case by a Disputing Party as the Ground for the Exception from burden of proof in Arbitration Proceedings

The Recognition of the Facts of the Case by a Disputing Party as the Ground for the Exception from burden of proof in Arbitration Proceedings

Student: Molokanova Darya

Supervisor: Daniil Krymskiy

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Final Grade: 9

Year of Graduation: 2018

The issues of legal nature, types, features of application and conformity of the mechanism of the recognition to the principles of commercial proceedings provokes debate in the science of procedural law. Placement the rule of the recognition of the facts in a separate article of the Russian Commercial Procedure Code, establishment the special procedure of fixation of the recognition in the trial transcript and adoption a new way of the recognition of the facts such as tacit recognition have arisen a significant dispute in scientific community. The most controversial ground for exception from burden of proof is the recognition of the facts of the case by a disputing party The current work aims at a comprehensive study of the mechanism of recognition of the facts in commercial proceedings, identification the main problems related to application of this mechanism and suggestion the ways in which they can be resolved. Special attention is given to study of the legal nature of the recognition of the facts and the place of the recognition in the system of the grounds for exception from burden of proof, determination balance between the recognition of the facts and the principles of commercial proceeding and definition the problems, arising when using the mechanism of the recognition in practice. The research has shown that according to existing procedure legislation the recognition of the fact as to its legal nature is the proof. The court should spend more attention to examination of conformity of the recognition with reality. It is encouraged to amend article 70, paragraph 3.1 of the Russian Commercial Procedure Code.

Full text (added May 12, 2018)

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