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The Concept of the Unified Civil Procedure Code of Russia: View from the Other Side
Candidate of Legal Sciences, Associate Professor of the Department of Business Law
of the Ural State Law University, Head of Litigation at INTELLECT-S Law Firm Group
This article analyzes the provisions of the concept of the Code of Civil Procedure and doctrinal ideas embodied in it. First of all, the author asks a reasonable question: is the existing procedural codes, barely celebrated a decade of its existence, and survived in that time quite substantial particular reform in connection with the different circumstances of the Russian legal system, which, moreover, will soon have to be supplemented by the latest Code of Administrative Procedure, do require its immediate abolition and replacement by a new unified Code of Civil Procedure? In the opening remarks to the concept it is said about existence of the competition between the rules of procedural law, which leads to a difference between the procedural provisions of subjects involved in disputes considered in the arbitration courts and courts of general jurisdiction. To exclude such differences the authors of the concept propose the unified rules of procedural law. This rationale would be convincing if the same subjects when participating in similar disputes could be in different jurisdictions and have different procedural rights.
Keywords: Code of Civil Procedure; judicial reform; civil procedure.
Information about the author
Latyev A.N. (Ekaterinburg) – Candidate of Legal Sciences, Associate Professor of the Department of Business Law of the Ural State Law University, Head of Litigation at INTELLECT-S Law Firm Group (620034, Ekaterinburg, Kolmogorov st., 54, room 303; e-mail: [email protected]).