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Claim Dispute Resolution Process in Russian Arbitration Procedure

ФИО студента: Serghei Volosin

Руководитель: Liubov A. Prokudina

Кампус/факультет: Faculty of Law

Программа: Jurisprudence (Bachelor)

Оценка: 9

Год защиты: 2021

Thesis paper is focused on the study of the institute of claim procedure as a variety of pre-trial consideration of arbitration disputes. The relevance of the research is determined by prompt changes in legislation in the field of pretrial(claim) dispute regulation and the formation of new approaches in the enforcement of this institution. The purpose of the paper is to conceptualize the nature and essence of the institute of the claim procedure, as well as to identify the reasons for the existence of contradictions in the practice of application of the rules on the claim procedure and to propose ways to resolve these contradictions. The scientific hypothesis is proposed that contradictions in the application of the legislation on the claim procedure are caused by the incorrect definition of the legal nature of this institution. The structure of the study consists of two chapters and five paragraphs. The first chapter is focused on the study of general theoretical issues related to the history of development of the institute of claim regulation, analysis and comparison of the main concepts of the legal nature of the claim regulation. The second chapter examines the mechanism of implementation of the claim regulation, finds out the reasons for the existence of contradictions in the claim regulation and correlates with the identified concepts of the legal nature of the claim procedure. In conclusion, the author suggests that conflicts in the field of claim settlement of civil-law disputes are caused not by a wrong qualification of the nature of the claim procedure, but by a wrong understanding of the purposes of its existence and misinterpretation of the provisions on the claim procedure. The essence of the claim procedure is revealed through its characteristics and goals, whereas the application of norms on the claim procedure should be based on the teleological interpretation. For the first time the correlation between the concepts of "non-compliance" and " breach" of the claim procedure is analyzed. The author also delineates the procedural consequences for the breach of the rules on the claim procedure. The paper provides a theoretical justification of the ways and means of resolving the identified contradictions in the application of the legislation on the claim procedure, as well by proposing a draft Resolution of the Plenum of the Supreme Court of the Russian Federation "On certain issues arising with the courts in the application of provisions on claim procedure of dispute resolution".

Full text (added May 18, 2021)

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