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The Doctrine "Estoppel" in Russian Procedural Law

Student: Matyushenkov Roman

Supervisor: Maria Filatova

Faculty: Faculty of Law

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

Year of Graduation: 2020

This Master thesis is devoted to a new doctrine of procedural Russian procedural law estoppel. The author analyzes the scientific doctrine and jurisprudence of the USA, England, France and Russia on the use of estoppel. The author comes to the conclusion that the procedural estoppel is not unknown to the domestic law. It is concluded that there is no common position about the limits of application of estoppel in different countries. There is an attempt to determine the correlation of the doctrine of estoppel with the principle of the free exercise of procedural rights by the parties to legal proceedings and procedural good faith. The author comes to the conclusion that it is difficult to the doctrine of “procedural estoppel” to develop the uniform application criteria, since various types can be identified, and, as a result, their application conditions are proposed for each type. It is also concluded that for some cases (for example, to make claims after the conclusion of a settlement agreement), the use of estoppel is not the appropriate decision of the Supreme Court.

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