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Consideration of Cases Through Summary Proceedings in the Commercial Court

ФИО студента: Anna Saraeva

Руководитель: Liubov A. Prokudina

Кампус/факультет: Faculty of Law

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

Год защиты: 2021

This research work is aimed at examining some of the issues concerning the legal regulation of summary proceedings in the commercial courts of the Russian Federation. The problem of commercial courts overloading has remained unsolved in arbitral procedure of the Russian Federation for a long time. The summary proceedings introduced into the Commercial Procedure Code of the Russian Federation in 2002 was aimed at solving this problem. Despite the fact that summary proceedings were introduced in order to reduce the workload of commercial courts, the practical effectiveness of this legal institution remains controversial. The aim of the paper is to assess and analyze the legal nature of summary proceedings and to determine the impact of the introduction of summary proceedings in the commercial proceedings of the Russian Federation. This research paper consists of an introduction, three chapters, a conclusion, a bibliography and annexes. Chapter One "History of formation and development of the institution of summary proceedings in commercial proceedings of the Russian Federation" explores the history of the institution of summary proceedings in commercial proceedings in 2002, identifies key features of summary proceedings at the early stage of their development and analyses the reasons behind the rapid drop in the number of disputes considered by way of summary proceedings in the period from 2006 to 2010. Chapter Two "Reform of summary proceedings in commercial proceedings of the Russian Federation" explored the changes introduced in 2012 in the legislation governing the summary proceedings, the impact of the changes on the number of cases heard by commercial courts and contains analyze of the legal nature of summary proceedings. Chapter three "Legal institution of summary proceedings today: prospects for development" contains an overview of the current legal regulation of the institute of summary proceedings, as well as suggestions as to the future prospects of the development of this legal institution. The annexes to the paper provide statistical data on consideration of disputes according to the summary procedure, including comparison with the total number of disputes considered by commercial courts in the first instance, as well as they structure the key changes in the legislative regulation of summary proceedings in commercial proceedings of the Russian Federation in the period from 2002 to 2021.

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