THE “THORNY” PATH OF UNIFICATION OF CIVIL PROCEDURAL LAW

The research of process of unification of civil procedural law, for example, of one procedural institute is presented. To analyze the changes in the legal regulation the institute of filing a lawsuit to court in the Civil Procedure Code of the Russian Federation, Commercial Procedure Code of the Russian Federation, and Administrative Court Procedure Code of the Russian Federation was elected. The problem of applying the prerequisites of the right to claim as grounds for denial of the claim is explored. It is concluded that the changes in the arbitration procedural legislation are progressive and respond to the ideas of unification inherent in the Concept of a single procedure code of the Russian Federation. In particular, the basis for denial of the claim, contained in art. 127.1 of the Commercial Procedure Code of the Russian Federation, is more in accordance with the requirements of access to justice than the basis fixed in Civil Procedure Code of the Russian Federation and Administrative Court Procedure Code of the Russian Federation. Thus, by introducing common to all the codes the institute of denial of the claim, the legislator leaves the difference in the grounds for it. However, the introduction of the institution of refusal to accept applications for the issuance of a writ in the Commercial Procedure Code of the Russian Federation is intended to unify a reason for that, in all three procedural codes, which should be considered as a positive trend in the development of a unified civil procedural law.

availability of judicial protection, appeal to the court, denial of the claim, issuance of a court order, prerequisites of the right to sue, legal capacity, legal interest