The Principle of Free Disposition in the Legal Systems of Post-Soviet States
The article analyzes the principle of discretion in civil proceedings in the states of the post-Soviet space. It has been established that in seven out of fifteen states, including Russia, it has no normative support and is exclusively a doctrinal principle. In eight states, dispositiveness is a principle of civil procedural law. Based on a comparison of the principle of discretion in the states of the post-Soviet space, as well as Russian judicial practice, the expediency of introducing Art. 5.1 “Dispositivity”, its draft is proposed.
Authors
- Aleksey A. Demichev (ORCID: https://orcid.org/0000-0002-9779-100X)
- Vera A. Ilyukhina
Publication Details
- Journal
- Arbitrazh-civil procedure
- Published
- 2024-08-15
- DOI
- https://doi.org/10.18572/1812-383x-2024-9-3-8
- Primary Topic
- Russia and Soviet political economy
- Type
- article
- Field-Weighted Citation Impact
- 0.00