Changes to Art. 52 of the Arbitration Procedure Code of the Russian Federation — a Step towards Further Expanding the Powers of the Prosecutor in the Arbitration Process?

In the context of the sanctions policy of Western countries and the difficult path of development of the domestic economy emerging in this regard, the author emphasizes the special role of the prosecutor’s office in strengthening the rule of law and protecting the rights and interests of subjects of legal relations. The main attention is paid to the issues of the limits of the prosecutor’s participation in the arbitration process, as well as to the analysis and assessment of changes made to the legislation starting from 2021, expanding the powers of the supervisory agency when considering economic disputes, which is the scientific novelty of the study. The author has made a brief overview of cases considered by arbitration courts with the participation of the prosecutor, taking into account the new powers granted to him by the legislator. The lack of regulation of the procedural participation of the prosecutor in the arbitration court has been a subject for study for the second decade, taking into account which the author concluded that there is an objective need to further increase the powers of the prosecutor in the arbitration process given the current state of the Russian economy, its scaling and complexity.

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Journal
Courier of Kutafin Moscow State Law University (MSAL)
Published
2024-08-29
DOI
https://doi.org/10.17803/2311-5998.2024.118.6.180-186
Primary Topic
Digital Transformation in Law
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article
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article

Changes to Art. 52 of the Arbitration Procedure Code of the Russian Federation — a Step towards Further Expanding the Powers of the Prosecutor in the Arbitration Process?

Т. S. Nazritskaya
Courier of Kutafin Moscow State Law University (MSAL)
Digital Transformation in Law
article

Changes to Art. 52 of the Arbitration Procedure Code of the Russian Federation — a Step towards Further Expanding the Powers of the Prosecutor in the Arbitration Process?

Т. S. Nazritskaya
article en

Abstract

In the context of the sanctions policy of Western countries and the difficult path of development of the domestic economy emerging in this regard, the author emphasizes the special role of the prosecutor’s office in strengthening the rule of law and protecting the rights and interests of subjects of legal relations. The main attention is paid to the issues of the limits of the prosecutor’s participation in the arbitration process, as well as to the analysis and assessment of changes made to the legislation starting from 2021, expanding the powers of the supervisory agency when considering economic disputes, which is the scientific novelty of the study. The author has made a brief overview of cases considered by arbitration courts with the participation of the prosecutor, taking into account the new powers granted to him by the legislator. The lack of regulation of the procedural participation of the prosecutor in the arbitration court has been a subject for study for the second decade, taking into account which the author concluded that there is an objective need to further increase the powers of the prosecutor in the arbitration process given the current state of the Russian economy, its scaling and complexity.

Courier of Kutafin Moscow State Law University (MSAL)(6)
Kutafin Moscow State Law University (RU)
Peace, Justice and strong institutions
Openalex Percentile: Top 74%
Digital Transformation in Law
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Changes to Art. 52 of the Arbitration Procedure Code of the Russian Federation — a Step towards Further Expanding the Powers of the Prosecutor in the Arbitration Process? — Т. S. Nazritskaya · Courier of Kutafin Moscow State Law University (MSAL) (2024) | TGRS Research Map | TGRS