The Legal Nature of Not Contesting the Fact in an Arbitration Process

Student: Krivtsov Nikita

Supervisor: Ilya Shevchenko

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2019

The main idea of conducted research is the attempt to find solutions of practical problems of interpretation and application of the new institute, adopted in Russian law, called non-contesting facts by fundamental scientific methods as analysis, classification, comparison etc. Enacting of this law norm in 2010 year in an Arbitration procedural code of Russian Federation was caused by the respectable aims of simplification of the court procedure, but became the main reason of plenty amount of disputes in doctrine and law practice. This study is directed to answer such questions, as: what we can understand under non-contesting facts, necessity of differentiated approach’s in interpretation, practice problems of interaction of the subject of proof and non-contesting facts etc. The answers are lying in the juridical conception of passive procedure behavior and legal regime of acceptance of facts.

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