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SOME ASPECTS OF SUBSTANTIVE AND PROCEDURAL LAW RULES APPLICATION IN JUDICIAL PRACTICE ON CIVIL CASES



K.K. Lebedev
Lebedev_konst@inbox.ru
an Associate Professor at Commercial Law Department at the Law Faculty Saint-Petersburg State University, PhD in Law, an Associated Professor
St. Petersburg

Keywords:

  • protection of rights and legitimate interests of citizens and organizations in court
  • judicial practice
  • civil cases
  • the base and the subject of the claim
  • the prejudiciality
  • judgment
  • the court's decision
  • invalidation of transactions
  • voidable and void transactions
  • harmonization of civil procedural law
  • The article analyzes some aspects of the procedure of consideration of civil cases in State courts of General jurisdiction and State arbitration courts. On the basis of specific examples the article shows different approaches of the legislator to the same elements of civil justice with regard to the Civil Procedure Code of the Russian Federation (CPC RF) and the Arbitration procedural code of the Russian Federation (APC RF). It is proposed to eliminate the existing collisions in order to ensure the harmonization of civil procedural law and the unity of judicial practice on civil cases.

    188300 Russia, Leningrad region, Gatchina, st. Roshchinskaya, 5