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Representation of the Parties in the Arbitration Process

ФИО студента: Artem Chernov

Руководитель: Liubov A. Prokudina

Кампус/факультет: Faculty of Law

Программа: Jurisprudence (Bachelor)

Оценка: 7

Год защиты: 2020

Arbitration (commercial) courts of the Russian Federation, which make part of the judicial system of the Russian Federation, deal with disputes arising during the economic activity by legal entities and individual entrepreneurs. High-quality representation of these subjects in the arbitration process is a guarantee of a fair and competitive trial system. Legislation in the field of representation of parties in the arbitration process is constantly developing. The last major changes were made by the Federal law of 28.11.2018 N 451-FZ which entered into force on October 1, 2019. The fact that some of the amendments also affected the representatives of the parties in the arbitration process justifies the relevance of the study. This work is devoted to the legal status of the representatives of the parties in the arbitration process. This research defined the main terms used in this institute and studied the historical process of development of representation in courts that are similar in nature to modern arbitration courts. The legal status of the parties' representatives in the arbitration process was also deeply studied. The analysis of legislation and scientific work highlighted the problems that exist in the Institute of representation of the parties nowadays. The study reveals the necessity of legal regulation of the representation with the creation of a professional community of representatives of the parties in the arbitration process. According to the results of the study, it seems possible to fulfill the goals set above by solving the designated tasks. The author highlights the rights and obligations of the parties' representatives in the arbitration process and suggests certain ways to solve the legislative problems of the institution of representatives of the parties in the arbitration process. A concept that provides for the introduction of a qualification exam, the creation of a self-regulating organization, and the establishment of legislative regulation of this institution through the adoption of a Federal law has been developed in this study. The research conducted by the author can be used for further improvement of the institution of representation of the parties in the arbitration process.

Full text (added May 10, 2020)

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