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NEW CASSATION ON CIVIL CASES: ISSUES OF THEORY, HISTORY, PRACTICE

NEW CASSATION ON CIVIL CASES:
ISSUES OF THEORY, HISTORY, PRACTICE

E.A. BORISOVA,
Doctor of Legal Sciences, Professor of the Department of Civil Procedure of the Law
Faculty of Lomonosov Moscow State University

DOI: 10.24031/2226-0781-2019-9-5-21-41

Civil procedure is in the process of reform. One of the large-scale changes has become new
proceedings in the cassation of courts of general jurisdiction. The concept of “continuous
cassation” is used by lawyers now, but it does not explain the essence of the change.
The article discusses stages of judicial reform, analyzes the results of the creation of the
cassation courts in the system of courts of general jurisdiction, changes in the cassation
procedure for considering cases in civil procedure, identifies the positive and negative sides
of the changes that have occurred in the judicial system and legal proceedings, compares
them with the experience of Russian judicial reform 1864–1917. The practice of the courts
of cassation got criticism in the professional legal sphere, and dissatisfaction of citizens
about the quality of the administration of justice in civil cases. The author attempts to
explain the innovations and compares the terms and procedures. Special attention is
paid to issues of the theory of cassation proceedings, practice of foreign countries is also
considered.

Keywords: judicial reform; cassation; court of cassation; cassation proceedings; access to
justice; judicial defense.

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Information about the author

Borisova E.A. (Moscow, Russia) – Doctor of Legal Sciences, Professor of the
Department of Civil Procedure of the Law Faculty of Lomonosov Moscow State University
(1 Leninskie Gory, Bldg. 13 (4th education building), GSP-1, Moscow, 119991,
Russia; e-mail: civil_proceedings@law.msu.ru).

Recommended citation

Borisova E.A. New Cassation on Civil Cases: Issues of Theory, History, Practice. Herald
of Civil Procedure, 2019, vol. 9, no. 5, p. 21–41. (In Russian) https://doi.org/10.24031/2226-
0781-2019-9-5-21-41

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E.A. BORISOVA