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Regular version of the site

Book chapter

Voluntary (non-contentious) jurisdiction in Russia

P. 41-70.

This Chapter provides a general overview of voluntary jurisdiction in Russia. The authors analyse history and current state of this legal phenomenon. The main issue, as authors see it, is the lack of a uniform concept of the Russian voluntary jurisdiction in theory and in practice. In the Chapter authors proceed on the basis that voluntary jurisdiction applies to both substantive and procedural law, within the public and private domain alike and include in the concept of voluntary jurisdiction the three most important areas of legal regulation: court activities conducted in the form of considering non-contentious civil cases; the activities of notarial authorities relating to certification of various circumstances having legal significance, establishing indisputable rights and facts, performing protective notarial acts and the so-called “registration activity” (for ex. civil registration, registration and maintenance of registers of legal entities and other organizations and state registration of rights to real estate).