NEW FORMS OF OUT-OF-COURT DISPUTE RESOLUTION IN RUSSIA
Marina M. Vildanova1*, Alekseeva Tatyana V.2, Hajiyev Adil Afgan Ogly3
1PhD in Law, Institute of Law and Comparative Law under the Government of the Russian Federation, RUSSIA, email@example.com
2Civil law postgraduate, RUDN University, RUSSIA, firstname.lastname@example.org
3Civil law postgraduate, RUDN University, RUSSIA , email@example.com
*Corresponding author Marina M. Vildanova
PFUR lecturers and scientists of the Institute of Legislation and Comparative Law under the Government of the Russian Federation conduct ongoing research work and closely monitor reforms in the field of civil justice, arbitration and mediation in foreign countries. (Ermakova et al., 2018). This article is the result of such research. The article includes the following subsections: 1) The evolution of an out-of-court procedure, the consideration of corporate disputes; 2) Non-judicial resolution of venture disputes; 3) Mediation in resolving hereditary disputes.
It was concluded that the activities of arbitration courts in Russia should be divided into two periods in their operation: and November 1, 2017 became the benchmark between them, when the transition period for the existing arbitration courts established by the Law “On arbitration (arbitration proceedings) in the Russian Federation”, of September 1, 2016, which replaced the law “On arbitration courts in the Russian Federation” in force since 2002 ended. At present, there are only four permanent arbitration institutions (arbitration courts) in Russia. No other previously existing arbitration courts managed to pass the main obstacle embodied by the Ministry of Justice of the Russian Federation, where documents are submitted for the initial check.
Thus, the state has put under tight control the process of creation (transformation) and functioning of arbitration courts in the Russian Federation.
The outcomes of the article may be of great help both for practising lawyers and law students.
Keywords: alternative dispute resolution; the law of Russia; mediation; venture disputes; corporate disputes; hereditary disputes.
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