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Regular version of the site

Article

Отказ законодателя от термина "подведомственность" или уязвимые правила "новой" подсудности: что дальше?

The article highlights contemporary issues of civil procedural law and arbitration process. The author analyzes the latest changes in the procedural legislation-the rejection of the term "jurisdiction", and relevant scientific works on the problem of establishing jurisdiction, which early propose ways to get access to justice for citizens and legal entities. The replacement of the term "jurisdiction" with the terms "competence" and "jurisdiction" will cause confusion of the conceptual framework both in practice and in theory. The law shell be shall be governed and construed the transfer of the case  the absence of the jurisdiction of the court from one system of courts to another. This rule, together with the procedural prohibition of disputes on jurisdiction between the courts, makes the defendant's subjective right to be tried by the court to whose jurisdiction it is assigned by law vulnerable. The author analyzes the regulation of the other countries  jurisdiction over a dispute  and pre-revolutionary procedural legislation . Disputes about jurisdiction are universally allowed, moreover, the procedure for resolving conflicts of jurisdiction by a higher court is fixed. The author comes to the conclusion that the difficult issues of the jurisdiction’s rules  should be provided to a particular judicial body (court of justice) or strengthen the system of guarantees of the parties in the case.