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Implementation of the Adversarial and Dispositive Principles in the Civil and Administrative Proceedings of the Russian Federation: a Comparative Legal Analysis

ФИО студента: Ekaterina Sokolova

Руководитель: Margarita Pavlova

Кампус/факультет: Faculty of Law

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

Год защиты: 2021

The paper examines one of the most important principles of the civil and administrative process of the Russian Federation - adversarial and dispositive principles, which are directly interrelated with each other and cannot be fully investigated in isolation from each other. These principles largely determine the essence of the civil and administrative proceedings of the Russian Federation, affect all stages of the trial and thereby form a mechanism of guarantees of the procedural rights of the parties enshrined in the Code of Civil Procedure of the Russian Federation and the Code of Administrative Procedure of the Russian Federation. The problems of implementation of these principles were illustrated by the provisions of the Civil Procedure Act of the Russian Federation and the Code of Administrative Procedure of the Russian Federation, as well as judicial practice. Comparison of the design and implementation of the aforementioned principles in civil and administrative proceedings allow to understand the specifics and features of private law cases and cases arising from public legal relations. The paper analyzes the essence, content and limits of adversarial and dispositive principles in the civil and administrative proceedings of the Russian Federation, as well as the role of the court in theirs implementation.

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