Open AccessIssues of Demarcation of Jurisdiction and Competence of Civil, Arbitration and Administrative Cases
Author(s) -
Маргарита Сергеевна Павлова
Publication year - 2020
Publication title -
arbitražnyj i graždanskij process
Language(s) - English
Resource type - Journals
ISSN - 1812-383X
DOI - 10.18572/1812-383x-2020-12-23-27
Subject(s) - jurisdiction , arbitration , legislation , law , political science , analogy , competence (human resources) , civil procedure , order (exchange) , law and economics , business , sociology , management , economics , philosophy , epistemology , finance
This article is devoted to analysis the norms of civil, arbitration and administrative procedural legislation, that are regulated the order of determination jurisdiction the civil, arbitration and administrative cases and proceeding to consideration of the case in accordance to the rules of civil and administrative jurisdiction as well. In particular the author considers the problems of distinction the type of legal proceeding in different stages of process depending on the possibility of distinction the related requirements. In the article there’s provided a comparative legal analysis the norms of GPK RF, APK RF and KAS RF based on the application of the law’s analogy rule. In the end the author draws conclusions about contradictory character amendments, contained in FZ № 451 and necessity of their broad interpretation in every situation.