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Title

Aplication of preclusive sanctions

in rusian civil proceedings

 

Authors

Al eks eyev Andrey Anatolyevich, Cand. Sc. (Law), Associate Professor of

the Department of Civil Law and Proceedings, South Ural State University. 149

Kommuny Str., 454080 Chelyabinsk, Russia. E-mail: andrey2164@yandex.ru

 

Section

Civil and Criminal Procedure

Issue

2/2015

Page

124—127

 

index UDC

347.94

 

index LBC

 

Abstract

The problem of abuse of rights is relevant to many areas of law but its normative

regulation is still at a low level. Thus, in the civilized process the abuse

of rights is often expressed in terms of intentional delay of the case consideration

by the violation of the order of adduction of evidence which is in its turn

adversely affects the quality of justice.

The article considers the preclusive sanctions as a way to ensure correct

and timely resolution of civil cases. The author points out some of the problems

of the institution and their solutions including the use of the experience of some

foreign countries. The author proposes amendments of certain provisions of

the Civil Procedural Code of the Russian Federation.

Keywords: preclusive sanctions, judicial discretion, adduction of evidence.

 

Keywords

 

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