2016 Fiscal Year Final Research Report
Effects of the pluralistic court system on the Russian judicial reform
Project/Area Number |
26780002
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Research Category |
Grant-in-Aid for Young Scientists (B)
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Allocation Type | Multi-year Fund |
Research Field |
Fundamental law
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Research Institution | Nagoya University |
Principal Investigator |
Sato Fumito 名古屋大学, 法学研究科, 准教授 (50350418)
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Project Period (FY) |
2014-04-01 – 2017-03-31
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Keywords | ロシア / 民事訴訟制度 / 仲裁訴訟制度 / 憲法裁判所 / 欧州人権裁判所 |
Outline of Final Research Achievements |
After regime transformation, Russian judiciary is managed by three systems of courts, i.e. the constitutional court, arbitration courts and courts of general jurisdiction. The European Court of Human Rights also plays an important role on dispute settling. This pluralistic character of the courts also influences Russian judicial system reform. For example, exposed by demands and logic of market economy, the Arbitration Procedure Code developed so speedily. As a result, significance of the resolution of the Plenum of the Supreme Court, which previously played an important role in uniforming judicial practices, reduced, basic futures of management of judiciary became much closer to those in the West and stimulated civil procedure reform. Unfortunately, such tendency forced political branches to abolish the Supreme Arbitration Court in 2014, this fact eloquently and paradoxically shows that pluralistic nature of the court system could play a positive role in transitional countries.
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Free Research Field |
ロシア法
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