Preclusive Plea as an Indirect Jurisdiction Institute in Russian Legal Practice: Feasibility Issues

Преюдициальный запрос как институт косвенной юрисдикции в процессуальном праве России: вопросы целесообразности

Anatoliy Kostruba ()

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Abstract: The article discloses the conditions for the implementation of the procedure for ensuring the right to a fair trial and an effective remedy. The collisional application of legal norms contributes to the deformation of the structural unity of the judicial practice of the application of the norms of national law. It is indicated that the overcoming of this process is the introduction of the institute of the prejudicial inquiry in the procedural law of the Russian Federation. The reference for prejudicial inquiry, is a form of appeal of a court of a certain level of jurisdiction (which by establishing the factual circumstances applies national law) to the competent body of the judicial authority of the national legal system, which revises the judicial acts of the first or appellate instance by way of cassation proceedings, in order to obtain its opinion on the application of the collisional law rule in controversial legal relationships through its delegated interpretation. The types of prejudicial inquiries in the context of international conventions of Russia and the European Union's communitarian law are considered. An analysis of the procedural law of France is made, and suggestions for improving national law are presented.

Keywords: prejudicial inquiry; conventional obligations; unity of judicial practice; рrocedural law of France; the Supreme Court; civil procedure (search for similar items in EconPapers)
Date: 2018-06-15
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Published in Арбитражный и гражданский процесс, 2018, 6, pp.3-8

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Persistent link: https://EconPapers.repec.org/RePEc:hal:journl:hal-02906301

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