Transfer of a Case Accepted for Processing to Another Court: Theoretical and Applied Problems
Year: 2024
Type: article
Abstract: Introduction: in practice, there are numerous problems associated with the application of the mechanism for transferring a case accepted by the court for its processing to another court. In particular, the lack of a legal definition of the concept of “dispute over jurisdiction” leads to difficulties in identifying and resolving these disputes. In general, the legislation on jurisdiction on this issue is characterized by low detail in legal regulation, which leads to legal gaps and difficulties in applying the relevant legal norms. The purpose of the study is to analyze the problems of transferring a case to another court and to find ways to solve them within the framework of civil and arbitration proceedings. Methods: formal-legal and hermeneutical methods were used in the research process. Results: the paper analyzes the issue of the possibility of transferring a case to another court if the case has been received more recently from another court. The issue of the possibility of transferring the case to the court, which more recently returned the statement of claim on the grounds of non-jurisdiction, is also being investigated. In addition, the questions about the admissibility of transferring a case under jurisdiction more than once in the event of replacing an improper defendant are analyzed. Conclusions: in order to achieve the purpose of the study, a definition of the concept of “dispute over jurisdiction” has been formulated. The author suggests approaches concerning the differentiation of cases of disputes over jurisdiction from cases when such disputes do not arise. It is proposed to exclude from the number of situations involving a dispute over jurisdiction the transfer of a case to another court from which the mentioned case has not been received, as well as the re-transfer of the case after the substitution of an improper defendant.
Source: Legal Concept
Author: Konstantin Ryzhkov
Institution: Russian State University of Justice
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4404012938