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LEGISLATOR’S REFUSAL OF THE TERM “JURISDICTION” OR VULNERABLE RULES OF “NEW” JURISDICTION: WHAT’S NEXT?
LEGISLATOR’S REFUSAL OF THE TERM “JURISDICTION”
OR VULNERABLE RULES OF “NEW” JURISDICTION:
WHAT’S NEXT?
D.I. BEKYASHEVA,
Candidate of Legal Sciences,
Associate Professor of the Department of Judicial Power of the National Research University
Higher School of Economics
DOI: 10.24031/2226-0781-2019-9-3-126-143
The article highlights contemporary issues of civil procedural law and arbitration procedure.
The author analyzes the latest changes in the procedural legislation-the rejection of the term
“jurisdiction”, and relevant scientific works on the problem of establishing jurisdiction, which
early propose ways to get access to justice for citizens and legal entities. The replacement of
the term “jurisdiction” with the terms “competence” and “jurisdiction” will cause confusion of
the conceptual framework both in practice and in theory. The law shell be shall be governed
and construed the transfer of the case the absence of the jurisdiction of the court from one
system of courts to another. This rule, together with the procedural prohibition of disputes on
jurisdiction between the courts, makes the defendant’s subjective right to be tried by the court
to whose jurisdiction it is assigned by law vulnerable. The author analyzes the regulation of
the other countries jurisdiction over a dispute and pre-revolutionary procedural legislation.
Disputes about jurisdiction are universally allowed, moreover, the procedure for resolving
conflicts of jurisdiction by a higher court is fixed. The author comes to the conclusion that
the difficult issues of the jurisdiction’s rules should be provided to a particular judicial body
(court of justice) or strengthen the system of guarantees of the parties in the case.
Keywords: civil procedure; jurisdiction; disputes about jurisdiction; system of guarantees;
effective judicial protection.
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Information about the author
Bekyasheva D.I. (Moscow, Russia) – Candidate of Legal Sciences, Associate Professor
of the Department of Judicial Power of the National Research University Higher
School of Economics (3 Bolshoy Tryokhsvyatitelsky Line, Moscow, 123022, Russia;
e-mail: [email protected]).
Recommended citation
Bekyasheva D.I. Legislator’s Refusal of the Term “Jurisdiction” or Vulnerable Rules
of “New” Jurisdiction: What’s Next? Herald of Civil Procedure, 2019, vol. 9, no. 3,
p. 126–143. (In Russian). https://doi.org/10.24031/2226-0781-2019-9-3-126-143
D.I. BEKYASHEVA
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