{"title":"从俄罗斯联邦最高法院的一些法律立场看被告程序性异议的意义","authors":"O. Shemeneva","doi":"10.18572/2072-3636-2023-2-13-17","DOIUrl":null,"url":null,"abstract":"The article analyzes the idea expressed in the Concept of a Uniform Code of Civil Procedure of the Russian Federation, as well as in some of Supreme Courts of the Russian Federation acts, on the establishment of deadlines for the application of objections regarding the competence of the court considering the case. The author supports this idea and makes additional arguments. At the same time, it is justified that the role of the defendant’s objections in its implementation is significantly exaggerated. The court itself is obliged to apply the consequences of initiating a case in violation of competence on its own initiative. But now this duty is limited in time. And the role of the defendant’s procedural objections remains the same as before — reminding the court of his duty.","PeriodicalId":301802,"journal":{"name":"Court administrator","volume":"7 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2023-06-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The Meaning of Procedural Objections of the Defendant in View of Some Legal Positions of the Supreme Court of the Russian Federation\",\"authors\":\"O. Shemeneva\",\"doi\":\"10.18572/2072-3636-2023-2-13-17\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The article analyzes the idea expressed in the Concept of a Uniform Code of Civil Procedure of the Russian Federation, as well as in some of Supreme Courts of the Russian Federation acts, on the establishment of deadlines for the application of objections regarding the competence of the court considering the case. The author supports this idea and makes additional arguments. At the same time, it is justified that the role of the defendant’s objections in its implementation is significantly exaggerated. The court itself is obliged to apply the consequences of initiating a case in violation of competence on its own initiative. But now this duty is limited in time. And the role of the defendant’s procedural objections remains the same as before — reminding the court of his duty.\",\"PeriodicalId\":301802,\"journal\":{\"name\":\"Court administrator\",\"volume\":\"7 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-06-08\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Court administrator\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.18572/2072-3636-2023-2-13-17\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Court administrator","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.18572/2072-3636-2023-2-13-17","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
The Meaning of Procedural Objections of the Defendant in View of Some Legal Positions of the Supreme Court of the Russian Federation
The article analyzes the idea expressed in the Concept of a Uniform Code of Civil Procedure of the Russian Federation, as well as in some of Supreme Courts of the Russian Federation acts, on the establishment of deadlines for the application of objections regarding the competence of the court considering the case. The author supports this idea and makes additional arguments. At the same time, it is justified that the role of the defendant’s objections in its implementation is significantly exaggerated. The court itself is obliged to apply the consequences of initiating a case in violation of competence on its own initiative. But now this duty is limited in time. And the role of the defendant’s procedural objections remains the same as before — reminding the court of his duty.