The influence of the "significance" of the dispute on the issues of jurisdiction of civil and administrative cases

Автор: Lubimova E.V.

Журнал: Ex jure @ex-jure

Рубрика: Процессуальное право

Статья в выпуске: 2, 2018 года.

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The article provides a historical background on the role of division of cases into “complex” and “easy” cases in relation to the jurisdiction of civil cases. Such classification of disputes is used in the current norms of jurisdiction. At the same time, signs of the significance of the dispute have not been developed, therefore, legal regulation turns out to be accidental. In this regard, the author raises the question of whether such an influence corresponds to the importance of the dispute to the criteria of jurisdiction and (or) the designation of the institution, and comes to a negative answer. This conclusion is based on the author's view of the criteria ofju-risdiction and is illustrated by an analysis of the competence of the Supreme Court of the Russian Federation as a court of first instance. The article proposes to change the jurisdiction of eight categories of cases by refusing the subject jurisdiction of the Supreme Court of the Russian Federation and transferring them to the jurisdiction of the courts of the subjects of the Russian Federation.

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Jurisdiction, subject of claim, parties to dispute, legal fact, supreme court of the russian federation

Короткий адрес: https://sciup.org/147230021

IDR: 147230021   |   DOI: 10.17072/2619-0648-2018-2-103-114

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