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Commentary on the Civil Procedure Code of the Russian Federation (continuation)

O.A. Ruzakova, 
Doctor of Legal Sciences, Professor at the Financial University under the Government of the Russian Federation, 
Deputy Chief of Staff of the Committee of the State Duma of the Federal Assembly of the Russian Federation on Civil, 
Criminal, Commercial («Arbitrazh») and Procedural Legislation 

This section of commentary is dedicated to the court’s determination, judicial records and correspondence production. The court’s determination is a court order which does not resolve the dispute on the merits and does not provide substantive rights and obligations of the parties of the dispute. Procedural questions are solved by the court’s determination, although in some cases determinations provide substantive rights and obligations. Protocol of juridical session is an essential procedural document, which is maintained in cases in the first instance. Protocol reflects all procedural actions that took place during the trial. Trial in absentia is not an independent kind of proceedings. It is not due to the nature of the material legal relationship (the dispute), the nature and grounds of requirements examined by the court. Trial in absentia arises from the general action proceedings and can be transformed into a general action proceedings. But it also can be completed by taking the judgment by default, which after its entry into legal force does not differ by legal consequences from the ordinary court decision, including the manner of execution.

Keywords: civil procedure; review of legislation; court’s determination; judicial records; trial in absentia.

Information about the author 

Ruzakova O.A. (Moscow) – Doctor of Legal Sciences, Professor at the Financial University under the Government of the Russian Federation, Deputy Chief of Staff of the Committee of the State Duma of the Federal Assembly of the Russian Federation on Civil, Criminal, Commercial («Arbitrazh») and Procedural Legislation (Moscow, Okhotniy Ryad st., 1; e-mail: stateduma@duma.gov.ru).

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O.A. Ruzakova