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

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
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article

The Principle of Free Disposition in the Legal Systems of Post-Soviet States

Aleksey A. Demichev, Vera A. Ilyukhina
Arbitrazh-civil procedure
Russia and Soviet political economy
article

The Principle of Free Disposition in the Legal Systems of Post-Soviet States

Aleksey A. Demichev, Vera A. Ilyukhina
article en

Abstract

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.

Arbitrazh-civil procedure
Openalex Percentile: Top 75%
Russia and Soviet political economy
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The Principle of Free Disposition in the Legal Systems of Post-Soviet States — Aleksey A. Demichev, Vera A. Ilyukhina · Arbitrazh-civil procedure (2024) | TGRS Research Map | TGRS