Implementation of Arbitral Procedure Principles in Inspecting Authorities

The article delves into the implementation of arbitral procedure principles within the framework of inspecting authorities. It endeavors to elucidate the approaches and scholarly viewpoints prevalent in legal doctrine con-cerning the realization of civil procedure principles in appellate and cassational courts. The research culmi-nates in several key findings: a notable absence of unified approaches and extensive investigations in this specific area; the truncated implementation of principles in appellate proceedings, characterized by limitations on principles such as adversariality, dispositiveness, and the establishment of factual truth; and the significant curtailment of publicity, adversariality, and dispositiveness in cassation proceedings. Furthermore, a compre-hensive assessment of the implementation of justice as a principle of civil procedure proves elusive due to the inherently evaluative nature of this concept. The aim of this study is to identify scholarly perspectives on the implementation of specific civil procedure principles in review instances, and to formulate hypotheses regard-ing the interaction and realization of these principles. Methodologically, the research employs general scientific methods, including induction, deduction, analysis, and synthesis, alongside legal modeling, to propose poten-tial interactions among the principles of civil procedure.

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Publication Details

Journal
Теория и практика общественного развития
Published
2025-04-23
DOI
https://doi.org/10.24158/tipor.2025.4.33
Primary Topic
International Arbitration and Investment Law
Type
article
Field-Weighted Citation Impact
0.00
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article

Implementation of Arbitral Procedure Principles in Inspecting Authorities

Денис Кузнецов
Теория и практика общественного развития
International Arbitration and Investment Law
article

Implementation of Arbitral Procedure Principles in Inspecting Authorities

Денис Кузнецов
article en

Abstract

The article delves into the implementation of arbitral procedure principles within the framework of inspecting authorities. It endeavors to elucidate the approaches and scholarly viewpoints prevalent in legal doctrine con-cerning the realization of civil procedure principles in appellate and cassational courts. The research culmi-nates in several key findings: a notable absence of unified approaches and extensive investigations in this specific area; the truncated implementation of principles in appellate proceedings, characterized by limitations on principles such as adversariality, dispositiveness, and the establishment of factual truth; and the significant curtailment of publicity, adversariality, and dispositiveness in cassation proceedings. Furthermore, a compre-hensive assessment of the implementation of justice as a principle of civil procedure proves elusive due to the inherently evaluative nature of this concept. The aim of this study is to identify scholarly perspectives on the implementation of specific civil procedure principles in review instances, and to formulate hypotheses regard-ing the interaction and realization of these principles. Methodologically, the research employs general scientific methods, including induction, deduction, analysis, and synthesis, alongside legal modeling, to propose poten-tial interactions among the principles of civil procedure.

Теория и практика общественного развития(4)
Openalex Percentile: Top 86%
International Arbitration and Investment Law
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