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The Problem of Notification of the Persons Taking Part in the Case in Civil Procedures

Student: Kolbun Andrey

Supervisor: Maria Filatova

Faculty: Faculty of Law

Educational Programme: Lawyer in the Sphere of Justice and Law Enforcement (Master)

Year of Graduation: 2020

The purpose of this study is to review the legal and proposed methods of notification in the civil procedures for proper notification of persons involved in the case, and assess the conflict of interests of various participants in the process. To achieve this goal, the following tasks were set: substantiating the relevance of the study, determining the terminological base of the institution of notifications, practical analysis of the specific methods of notifications both in Russia and abroad, identifying problems of the legislation for judicial protection of certain participants in the case, as well as proposing solutions these problems. Final qualification work consists of introduction, three chapters, conclusion and bibliography. The first chapter is devoted to substantiating the relevance of the study and clarifying the legal essence of notifications. In the second chapter, the author critically analyzes the regulation and practical application of various methods of notification in the civil process. The third chapter is devoted to the international legal and comparative aspects of notifications. Based on the work carried out, the following conclusions are formulated: 1) a deficiency of legal technology in the current domestic regulatory regulation on the issues under consideration was identified, as a result of which the author proposes a conceptual change of the relevant chapters of the RF agrarian and industrial complex; 2) it is proposed to reduce the conditions for the use of presumptions and fictions in postal notifications by restoring a 30-day period for storing documents in the mail (instead of a shortened 7-day one), as well as sending the court / plaintiff a second notice if necessary at the beginning of the trial, it is also necessary to reform appeal by granting her the power to return the case for review to the first instance; 3) attention is paid to organizational factors contributing to and hindering the informatization of society for the purpose of introducing the practice of electronic notification; some suggestions have been made in this aspect, including an SMS notification as a compromise at this stage of technological development.

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