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Jurisdiction of Economic Disputes of Arbitration Courts

ФИО студента: Mariia Pukhova

Руководитель: Maria Yakhina

Кампус/факультет: Faculty of Law

Программа: Jurisprudence (Bachelor)

Год защиты: 2021

The institution of jurisdiction plays an important role in ensuring the constitutional right of to protect rights and freedoms from infringement. Recognition of the human rights and freedoms as the highest value implies the obligation of the government to create effective mechanisms for their protection, in the absence of which the rights and freedoms lose any value. Observance and improvement of the rules of jurisdiction, as the rights of citizens to a lawful court, directly affect the increase in the efficiency of the functioning of the mechanism of judicial protection. The institution of jurisdiction is a guarantee of the restoration of violated rights. The institution of jurisdiction in Russian procedural law is currently undergoing significant changes, not all of which have a positive impact on ensuring the ability of people to defend violated rights in court. In this paper author focuses on the "problematic" aspects in the regulation of the institution of jurisdiction, described the legislative gaps and inconsistencies between the purpose of the institution of jurisdiction and its modern manifestations. In the course of the research, the author comes to the conclusion that the legislative regulation of the institution of jurisdiction currently requires improvement. At the same time, all subsequent changes in the institution of jurisdiction should be aimed and focused on ensuring the rights of people to a lawfull court, on minimizing the presence of a willful moment of the parties or the court in determining the competent authority to consider a particular dispute.

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