A.A. Selkova , 

Postgraduate Student of the Department of Civil Process of the Ural State Law University 

The article summarizes the results of the past conference (March 3, 2016) with participation of developers of a Unified code of civil procedure of the Russian Federation. It is noted that the basic institutions of civil and arbitration processes are the same, but over the years, the autonomous existence of the system of arbitration courts there are plenty of differences and unique characteristics – in the rules determining the distribution of powers, the judicial system and organization of the courts, evidence, court notices, interim measures, judicial proceedings, the appeal system. Therefore it is important to determine the degree of unification and preservation of the differentiation of rules of consideration of cases by courts of general jurisdiction and arbitration courts. At the same time the unity of the judicial practice, which aim at the creation of a unified Supreme Court of the Russian Federation – is not the result but an ongoing process, and the possibility of disputes about the competence and the interpretation of the law between courts of general jurisdiction and arbitration courts there remains. One of the most important questions is the relation of civil and administrative proceedings in the unified code of civil procedure of the Russian Federation. The code of administrative proceedings shall apply to review of cases of administrative proceedings, which are within the competence of courts of general jurisdiction. The cases of administrative procedure, within the competence of the arbitration courts is carried out according to the rules of the Arbitration procedure code. This raises the question of the relationship of the administrative procedure code of the Russian Federation with the design of a unified code of civil procedure of the Russian Federation, because for consideration of cases of administrative proceedings in arbitration courts of the RF administrative procedure code can not apply. Therefore, in respect of cases of administrative proceedings may maintain the principle of dualism of the legal regulation of rules for their consideration as the administrative procedure code and the unified code of civil procedure of the Russian Federation in case of its adoption. 

Keywords: unified code of civil procedure of the RF; conference materials.

References 

Yarkov V.V. Problemnye voprosy regulirovanija kompetencii v proekte Kodeksa grazhdanskogo sudoproizvodstva Rossijskoj Federacii [Problematic issues of regulatory competence in the draft Civil Code of the Russian Federation proceedings]. Vestnik grazhdanskogo processa = Herald of civil procedure. 2015. No. 1. P. 28–45 (in Russian). 

Information about the author: 

Selkova A.A. (Ekaterinburg) – Postgraduate Student of Department of the Civil Procedure of Ural State Law University (620137, Ekaterinburg, Komsomolskaya st., 21, 404 room; e-mail: [email protected]).