"Профессионализация" российского арбитражного процесса

Закон. 2019. № 7. С. 159–166.

Фокин Е. А.

The present paper tries to confirm or refute the hypothesis about Russian commercial procedure as a type of professional legal process. An interim conclusion is made that the position according to which a professional judicial process is a process oriented to professional participants is conservative. Instead of this position, the author puts forward and substantiates the thesis that the main feature of a professional judicial process is effective procedural cooperation between the court and the persons participating in the case. At the same time, the analysis of commercial courts practice conducted in the article leads to the conclusion that the court and the parties have a rather formal cooperation, which is extremely difficult to recognize as effective. This circumstance indicates that it is premature to consider the Russian arbitration process as a professional judicial process. According to the results of the study, it was concluded that in order to give the commercial procedure a professional character, it is necessary not only a fundamental change in the approaches of judicial practice, but also a fundamental change in the general psychology of the cooperation between the court and the parties.

Keywords: профессионализация, professionalization, cooperation of the court and the parties, взаимодействие суда и сторон