Year of Graduation
Form of Offset in the Russian Federation
The effect that procedural norms may have on the substantive constructions has been disputed in the doctrine. The current research compares the legal nature of set-off exercised in the form of unilateral extrajudicial declaration and set-off performed in the course of civil proceedings initiated by one of the parties to the mutual claims against another. Based on the judicial practice analysis, the author concludes that judicial set-off is deemed as an independent procedural device. Identified approach shall be discarded, since it does not comply with the law and unreasonably restricts the rights of the defendant.