Disputable issues of civil procedure legislation reform

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The article analyzes the legislative initiatives of the procedural legislation aimed at streamlining the judicial process in resolving disputes in civil cases. The Author examines the bill submitted by the Supreme Court of the Russian Federation proposing amendments to the Civil Procedure Code of the Russian Federation, the Arbitration Procedure Code of the Russian Federation, the Code of Administrative Proceedings of the Russian Federation, as well as amendments to this draft law. The Author expresses his opinion regarding the exclusion of the term “jurisdiction” from procedural laws, introducing a requirement for higher education to a representative, introducing a new participant in procedural relations - attorney, refusing to prepare a reasoned part of a court decision as a general rule, as well as limiting contractual jurisdiction and other issues. The analysis of the draft law covers amendments to it made in the first reading, as well as various rationales and outcomes of discussions.

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Procedural revolution, judicial system, reform, motivated decision, representation, proper notice, competence

Короткий адрес: https://sciup.org/143166107

IDR: 143166107   |   DOI: 10.19073/2306-1340-2018-15-4-492-496

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