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The Law on Crossing Extremism Breaks the Canons of Jurisdiction of Civil Cases

Yu.L. Ershov,
Candidate of Legal Sciences, the Winner of an Award of Thomas 
Sasa and International Civil Commission on Human Rights of 2008

The paper analyzes the effect of the law on crossing extremism to the civil jurisdiction. The author points out that in some case the legislation can be reasonably applied as a method for determining jurisdiction as not the subject to a law, but object of it. This is the case in particular with regard to disputes about real estate which, in accordance with Art. 30 of the Code of Civil Procedure of the Russian Federation are subject to review at the location of the corresponding property. Upon presentation of the creditors of the testator to the inheritance of his heirs claims, which are subject to presentation of the place of opening of the inheritance, that is at the location of the estate (Art. 1115 of the Civil Code). The author mentions the possibility of appeal to the court at the place of discovery or dissemination of information materials that gives rise to a violation of the right to the protection of rights and the right of access to justice for persons who are the holders in respect of information materials. To the extent that the provisions on jurisdiction related to the subject of the law, they require the proponent to establish that the trial subject and specifying it in the statement. Such a person is attracted by the court to participate in the proceedings as a party and have the ability to exercise their right to the protection provided by their access to justice.

Keywords: extremism; civil procedure; jurisdiction.


References 
  
    Sultanov A.R. Juridicheskaja priroda del o priznanii materialov jekstremistskimi s tochki zrenija grazhdanskogo processa [Legal nature of the cases on the recognition of extremist materials from the point of view of civil procedure] (in Rissian) // Lawyer. 2012. No. 12. 

Information about the author 
  
    Ershov Yu.L. (Moscow) – Candidate of Legal Sciences, the Winner of an Award of Thomas Sasa and International Civil Commission on Human Rights of 2008 (105568, Russia, Moscow city, Chechulina st., 18, app. 59, e-mail: [email protected]).

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Yu.L. Ershov