Herald of Civil Procedure
EN
main-photo

We in a citing index:

Problematic Issues of Regulation of Competence in the Draft Code of Civil Procedure of the Russian Federation

V.V. Yarkov,
Doctor of Legal Sciences, Professor, Head of the Department of Civil Procedure 
of the Ural State Law University, Honored Scientist of the Russian Federation


The article analyzes the problems of determining the competence of courts to hear civil cases in accordance with the Draft Unified Code of Civil Procedure. The question of competence is central in the codification, as it is with the help of its key elements – court jurisdiction and subject-matter jurisdiction – carried the distinction of competence between the courts of general jurisdiction and arbitration courts, as well as with the Constitutional Court of the Russian Federation, constitutional (charter) courts of subjects of the Russian Federation, foreign courts, arbitral tribunals and international commercial arbitration. Questions of judicial competence determine access to justice for citizens, as well as the caseload of one or another court. Since in this aspect of the question is more economic than legal in nature, associated with the staffs, increase or decrease of the financing of one or another judicial subsystem or concrete courts. A separate allocation of Supreme Court jurisdiction due to the fact that under the new law, it is «taken out of the brackets» as a system of courts of general jurisdiction and arbitration courts and is located outside of them, leading the entire judicial system (except the Constitutional Court of the Russian Federation). 

Keywords: Concept of the Unified Code of Civil Procedure; judicial reform; jurisdiction; court jurisdiction; venue; subject-matter jurisdiction; in rem jurisdiction; territorial jurisdiction; alternative jurisdiction; exclusive jurisdiction; jurisdiction by the interrelation of choses in action.


References 

  Zhuikov V.M. Teoreticheskie i prakticheskie problemy konstitutsionnogo prava na sudebnuyu zashchitu [Theoretical and Practical Problems of the Constitutional Right to Judicial Protection] (in Russian): Abstract of Dissertation … Doctor of Legal Sciences. M., 1997. P. 7. 
    Vas’kovsky E.V. Kurs grazhdanskogo protsessa [Course of Civil Procedure] (in Russian). Vol. 1. M., 1913. P. 485. 
    Yarkov V.V. Yuridicheskie fakty v tsivilisticheskom protsesse [Legal Facts in the Civil Process] (in Russian). M., 2012. P. 294–300. 

Information about the author 

Yarkov V.V. (Ekaterinburg) – Doctor of Legal Sciences, Professor, Head of the Department of Civil Procedure of the Ural State Law University, Honored Scientist of the Russian Federation (620137, Ekaterinburg, Komsomolskaya st., 21, room 404; e-mail: kafedra.gp@gmail.ru).

 el_.png   it_.png   book.png

V.V. Yarkov