Herald of Civil Procedure
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Comparative Analysis of the Norms of the Russian Federation Codes of Civil Procedure and of Commercial («Arbitrazh») Procedure on the Production of the Cases Arising from Administrative and Other Public Relations

N.I. Klein,
Candidate of Legal Sciences, Senior Researcher at the Institute of Legislation 
and Comparative Law attached to the Government of the Russian Federation


The article deals with the problematic issues of legal regulation of the cases arising from public relations in civil and commercial («arbitrazh») proceedings. The author notes that the citizen and organization in substantive relations with the public authorities are the weaker party, whose rights must be supported by the court. Therefore, the provisions of the Codes provide additional responsibilities of public authorities. Thus, public authorities and local governments are obliged not only to present evidence at the request of the court, but also to send a representative to the court if the court recognized the compulsory attendance at the hearing of the representative for questioning. Code of Civil Procedure’ norms contain a review of the ban to have in one case a statement challenging the normative and non-normative act and, also, the dispute on the right. Code of Commercial («Arbitrazh») Procedure does not include a similar provision, and the practice of arbitration courts differs. The author concludes that there are need for uniformity of norm and need of making any necessary changes to the rules of the just mentioned Codes of the proceedings about the cases arising from administrative and other public relations. 

Keywords: civil litigation; commercial («arbitrazh») proceeding; proceedings in cases arising out of public relations; comparative legal analysis.

References 

   Sultanov A.R. Osparivanie v arbitrazhnom sude normativnogo akta i posledstvija priznanija akta nedejstvujushhim [Contesting in arbitration legislation and the consequences of recognizing the act invalid] (in Russian) // Kommentarij sudebnoarbitrazhnoj praktiki. Issue 18. M., 2012. 

   Information about the author 

   Klein N.I. (Moskow) – Candidate of Legal Sciences, Senior Researcher at the Institute of Legislation and Comparative Law attached to the Government of the Russian Federation (117218, Russia, Moskow city, Bol’shaya Cheremushkinskaya st., 34, e-mail: [email protected]).


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N.I. Klein