Ponomarenko, V.A. On access to civil judicial procedure n “one-stop” principle

Abstract: The author of this article offers an original approach to the topical problems of correlation of civil and arbitration process and establishing their statuses within the legal and legislative systems. The approach includes finding solution in application to each of their particular aspects, such as judicial system, judicial procedure, theoretical legal aspect and systemic legislative aspect. It allows to find the objective prerequisites for the differentiation of civil jurisdiction based on judicial system and procedure, and to establish the independence of the arbitration court procedural form, as well as the lack of necessity to merge arbitration courts and the courts of general jurisdiction and their procedural codes. The author characterizes a number of procedural institutions, such as return of claim, refusal to accept the claim, transfer of the case to another court, within the context of accessibility of justice principle and criteria for its violations. Having analyzed the legal nature of subject-matter jurisdiction of civil cases (between judicial and non-judicial civil jurisdiction bodies), the author came to a conclusion that it is necessary to recognize is as a general term towards the distinction between judicial and arbitration court jurisdiction within the same civil judicial procedure. The author establishes the need to introduce the legislative provisions, which would recognize the differences between the violations of general subject-matter jurisdiction and the violation of jurisdiction between arbitration courts and court of general jurisdiction, and it would allow the court (the arbitration court) to simply transfer the case to the competent court, and to provide for the same rule for any violation of due jurisdiction at any stage of judicial procedure. The appendix to the article includes some proposals for the amendments into the Civil Procedural Code of the Russian Federation and the Arbitration Procedural Code of the Russian Federation.

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