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RULING OF JURISDICTION PROBLEM WITHIN THE LOCATION OF THE MAJOR PART OF THE EVIDENCE IN CIVIL PROCEDURE

JUDICIAL AUTHORITY AND PRACTICE


R.Z. GAYFUTDINOVA, Ch.F. NIZAMOVA

R.Z. GAYFUTDINOVA,
Candidate of Legal Sciences, Associate Professor of the Department
of Legal Disciplines of the Naberezhnye Chelny Institute (Branch)
of Kazan (Volga Region) Federal University

Ch.F. NIZAMOVA,
Master of the Department of Legal Disciplines
of the Naberezhnye Chelny Institute (Branch) of Kazan (Volga Region)
Federal University

DOI: 10.24031/2226-0781-2019-9-5-263-270

Jurisdiction of cases is determined by the law, which contains the criteria for determining
the different levels of courts in which a civil case is to be considered. The presence of such
criteria allows the court, as well as persons involved in the case, to avoid ambiguity in the
issue at hand. At the same time, civil and arbitration laws provide for exceptions (arising
under specific circumstances), to which the parties also file a petition for consideration of
the case at the location of most of the evidence. However, in practice, at the stage of deciding
whether to accept a claim, these circumstances are difficult to identify. The article discusses
some of the problems that arise in determining jurisdiction by the location of most of the
evidence. The authors noted the need to amend procedural legislation, specify the provisions
of the law regarding the direction of cases at the location of most evidence, in particular
about the possibility of referring cases to another court if there is no technical ability to
use videoconferencing and exclusive jurisdiction is not violated. In addition, a petition to
refer the case to the location of the majority of the evidence shall be considered only after
examining all the evidence in the case.

Keywords: ruling of jurisdiction; major part of evidence; procedural request; trial; civil
procedure.

References

Timofeev V.V. Arbitration Jurisdiction: Issues of Determining Jurisdiction. in Economics,
Management and Law: Innovative Problem Solving: Collection of Articles of
the XI International Scientific and Practical Conference. In 2 parts. Penza: International
Center for Scientific Cooperation “Science and Enlightenment”, 2018. (In Russian)
Valeev D.Kh., Baranov S.Yu. Commentary on the Provisions of the Code of Civil
Procedure of the Russian Federation on the Jurisdiction of Courts of Civil Litigation.
Herald of Civil Procedure, 2014, no. 4. (In Russian)

Information about the author

Gayfutdinova R.Z. (Naberezhnye Chelny, Russia) – Candidate of Legal Sciences,
Associate Professor of the Department of Legal Disciplines of the Naberezhnye Chelny
Institute (Branch) of Kazan (Volga Region) Federal University (10A (11/29) Syuyumbike
Av., Naberezhnye Chelny, 423812, Russia; e-mail: rozagayfutdinova@mail.ru);

Nizamova Ch.F. (Naberezhnye Chelny, Russia) – Master of the Department of
Legal Disciplines of the Naberezhnye Chelny Institute (Branch) of Kazan (Volga Region)
Federal University (10A (11/29) Syuyumbike Av., Naberezhnye Chelny, 423812, Russia;
e-mail: urfak@mail.ru).

Recommended citation

Gayfutdinova R.Z., Nizamova Ch.F. Ruling of Jurisdiction Problem within the Location
of the Major Part of the Evidence in Civil Procedure. Herald of Civil Procedure,
2019, vol. 9, no. 5, p. 263–270. (In Russian) https://doi.org/10.24031/2226-0781-2019-
9-5-263-270

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Keywords