Prospects for the development of professional representation in Russian arbitration proceedings
- Authors: Glukhova O.Y.1, Nazarov V.V.1
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Affiliations:
- Derzhavin Tambov State University
- Issue: Vol 3, No 11 (2019)
- Pages: 385-390
- Section: Процессуальное право
- URL: https://ogarev-online.ru/2587-9340/article/view/369582
- ID: 369582
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Abstract
We investigate the development problem of professional representation in the arbitration proceedings of the Russian Federation. We believe that the professional representatives participation in the arbitration process has a very positive impact on the efficiency and quality of proceedings which is carrying out by the arbitration courts. It is stated that the need for professional representatives is primarily due to the special (economic) nature of disputes considered by arbitration courts, the participation in which persons who do not have the appropriate education and knowledge, on the one hand, as a rule, does not contribute to the effective protection of their rights, on the other – delays the consideration of cases. Thus, the Arbitration procedure code of the Russian Federation will be amended in autumn 2019, concerning the requirement of compulsory higher legal education for representatives of the parties in civil and arbitration cases. The amendments provide that in addition to lawyers, they can only be persons with a higher legal education or a degree in law. The exception is cases subject to consideration by magistrates or district courts. It is concluded that the presence of higher legal education in the near future becomes a mandatory requirement for representatives in disputes considered by the arbitration courts of the Russian Federation.
About the authors
Oksana Yuryevna Glukhova
Derzhavin Tambov State University
Author for correspondence.
Email: kseniay68@mail.ru
ORCID iD: 0000-0002-0721-4066
Candidate of Jurisprudence, Associate Professor of Civil and Arbitration Process Department of Law and National Security Institute
Russian Federation, 33 Internatsionalnaya St., Tambov 392000, Russian FederationValentin Vasilyevich Nazarov
Derzhavin Tambov State University
Email: kafgptsp@yandex.ru
ORCID iD: 0000-0002-4051-4853
Candidate of Jurisprudence, Professor, Honoured Lawyer of Russia, Recipient of the Order of Honour, Law and National Security Institute
Russian Federation, 33 Internatsionalnaya St., Tambov 392000, Russian FederationReferences
- Bogomolov M.V. Aktual’nyye problemy instituta protsessual’nogo predstavitel’stva v grazhdanskom i arbitrazhnom protsesse [Current issues of the Institute of procedural representation in civil and arbitration proceedings]. Arbitrazhnyy i grazhdanskiy protsess [Arbitration and Civil Proceedings], 2013, no. 1, pp. 30-33. (In Russian).
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