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Claim and Its Elements

ФИО студента: Kirill Dubov

Руководитель: Liubov A. Prokudina

Кампус/факультет: Faculty of Law

Программа: Jurisprudence (Bachelor)

Год защиты: 2020

One of the most important and universal procedural means of protecting subjective rights and legitimate interests in court has been and continues to be a claim. Nowadays, the nature of contractual relations is considerably complicating, and new spheres are emerging, for example, corporate law, which entails the necessity to develop and improve this institution. Despite the significant level of elaboration and the number of works written on this topic its urgency does not become less, as the lawsuit is one of the main types of protection of the violated subjective right or legal interest. For convenience and simplicity of court proceedings, it is necessary to correctly understand the claim as a single and universal procedural means. The unity of judicial practice is achieved by establishing a unified approach to understanding both the category of the claim, and its structural elements expressed by the legislator in the norms of current procedural legislation, as well as at the level of the decisions, which formulated and expressed the position of the highest judicial authority on key issues that are applied by all courts of the judicial system of the Russian Federation, without violating the unity and uniformity of judicial practice. An important issue is that of determining the internal structure of a claim, which is the basis for resolving the issue of the identity of claims, which in turn affects the stability of the judicial process and, if there is a prohibition on reopening cases or issuing different decisions on identical disputes. The purpose of the present study is to analyse the theoretical and legislative provisions on the institution of a claim as a universal procedural remedy for the protection of subjective law and legitimate interest, to analyse the internal structure of a claim expressed by its elements as means of determining the identity of claims, and to analyse court practice on these issues.

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