Transfer of a case accepted for processing to another court: theoretical and applied problems

Бесплатный доступ

Introduction: in practice, there are numerous problems associated with the application of the mechanism for transferring a case accepted by the court for its processing to another court. In particular, the lack of a legal definition of the concept of “dispute over jurisdiction” leads to difficulties in identifying and resolving these disputes. In general, the legislation on jurisdiction on this issue is characterized by low detail in legal regulation, which leads to legal gaps and difficulties in applying the relevant legal norms. The purpose of the study is to analyze the problems of transferring a case to another court and to find ways to solve them within the framework of civil and arbitration proceedings.

Еще

Jurisdiction, transfer of a case to cure want of jurisdiction, return of a statement of claim, court ruling, legality, access to justice, procedural economy

Короткий адрес: https://sciup.org/149146527

IDR: 149146527   |   DOI: 10.15688/lc.jvolsu.2024.2.21

Статья научная