Email this article Violation by Courts of the Rules of Exclusive Jurisdiction and Other Problems of the Financial and Arbitration Process in case No. 2-0614/2023 (02-7455/2022)
- Authors: Khatuntsev O.A.1, Khashagulgov I.T.1
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Affiliations:
- Russian State Academy of Intellectual Property
- Issue: Vol 16, No 8 (2023)
- Pages: 95-102
- Section: Private Law (Civil) Sciences
- URL: https://journal-vniispk.ru/2072-3164/article/view/251402
- EDN: https://elibrary.ru/QKJAGY
- ID: 251402
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Abstract
Purpose of the study. The article examines the problems that arise in the administration of justice in courts of general jurisdiction and arbitration courts, in particular, the subject of the study is the institutions of exclusive jurisdiction, interim measures, replacement of an improper defendant, as well as the practical implementation of the norms of these institutions. The purpose of the study is to analyze these problems using the example of a specific legal dispute, and to consider the role of the persons involved in the case.
Conclusions. As a result of the study, conclusions were drawn about the presence of many theoretical and practical problems in the judicial system of the Russian Federation. Thus, it was revealed that the dispute belonged to the category of corporate, as a result of which it had to be resolved by an arbitration court, and not by a district court. In addition, it was concluded that KM-Oil LLC was incorrectly involved in the process as a third party and, as a result, the court decision was unfairly made against the said company and the previously imposed disproportionate interim measures. The article provided reasonable arguments to substantiate the stated positions, proposed measures to resolve the incidents that have arisen and the possibility of improving the procedural legislation of the Russian Federation and the existing judicial system.
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##article.viewOnOriginalSite##About the authors
Oleg A. Khatuntsev
Russian State Academy of Intellectual Property
Author for correspondence.
Email: khat@khat.ru
ORCID iD: 0000-0002-6739-7490
SPIN-code: 1246-7072
Dr.Sci.(Law), Professor of the Department of Civil and Business Law
Russian Federation, MoscowIbragim T. Khashagulgov
Russian State Academy of Intellectual Property
Email: khat@khat.ru
SPIN-code: 3796-3591
postgraduate student
Russian Federation, MoscowReferences
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