Kayl Ya.Ya. Analysis of Writ Proceedings in the Arbitration Process

Yanina Ya. Kayl
Candidate of Juridical Sciences, Associate Professor, Department of Civil Legal Disciplines
Russian Presidential Academy of National Economy and Public Administration (Volgograd Branch)
Gagarina St., 8, 400131 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.

Introduction. Procedural legislation has been changed dynamically. For the first time a new type of procedure – writ proceedings – is introduced in the APC of the Russian Federation. The purpose of research is to reveal the rules of treatment, consideration of the issuance of the writ and to perform arbitration practice. Methods. The author applied the methods of scientific knowledge, including basic methods of system analysis and comparative-legal analysis. Results. It is proved that not all categories of cases apply for the issuance of the writ, the court observed the order and terms of their consideration, arbitration practice on this category of cases varied on the basis of application for issuance of a writ, and the grounds used by the court for return of applications on the issuance of the writ. Conclusions. It was found that intervening changes in the APC had the desired effect, and the number of applications for restraining orders is constantly growing, that testifies to the effectiveness of the new adopted type of proceedings.

Key words: writ, determination, arbitration court, terms, return grounds, funds recovery. 

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