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Amenability_podsudnost_of_Courts.ppt

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Amenability (подсудность) of Courts • The judicial system consists of several levels and each Amenability (подсудность) of Courts • The judicial system consists of several levels and each level has numerous courts.

Amenability (подсудность) of Courts • After cases are distributed between courts of general jurisdiction Amenability (подсудность) of Courts • After cases are distributed between courts of general jurisdiction and Arbitrazh courts, they shall be distributed between numerous courts of one judicial level. • Which court shall consider a particular case?

 • It depends on the type of the case and on the court’s • It depends on the type of the case and on the court’s amenability (подсудность)

The types of jurisdiction (amenability) • Personal jurisdiction • Alternative jurisdiction • Exclusive jurisdiction The types of jurisdiction (amenability) • Personal jurisdiction • Alternative jurisdiction • Exclusive jurisdiction • Agreed jurisdiction

Personal amenability – персональная юрисдикция • The basic principle in determining court’s amenability is Personal amenability – персональная юрисдикция • The basic principle in determining court’s amenability is the geographic position of the court • It means that the rules of determining court’s amenability are the following: • a lawsuit (иск) on property dispute is considered at the location of the defendant (a legal entity or an individual).

Alternative amenability –по выбору истца • The amenability over a lawsuit against the defendant Alternative amenability –по выбору истца • The amenability over a lawsuit against the defendant whose residential location is unknown holds either a court at the location of the defendant’s property or a court at the defendant’s last known location. • The rule of alternative amenability also covers contract disputes: these disputes are ruled either at the location of the defendant or at the location of the execution of the contract if the contract stipulates such location.

Exclusive amenability – исключительная подсудность • This rule covers immovable property disputes. Claims of Exclusive amenability – исключительная подсудность • This rule covers immovable property disputes. Claims of this type are tried at the court exclusively on the territory where the immovable property is located.

Agreed amenability – договорная подсудность • The parties may determine a court’s amenability upon Agreed amenability – договорная подсудность • The parties may determine a court’s amenability upon their mutual consent stipulated in an appropriate contract (except for amenability over disputes on immovable property and other exclusive amenability according to the Arbitral Procedure Code. • It can be the court which is situated at the location of the defendant or at the location of the plaintiff.

A task Where shall a dispute between a creditor, situated in Moscow, and a A task Where shall a dispute between a creditor, situated in Moscow, and a debtor, situated in St. Petersburg, be considered?

A task A seller of goods, based in Moscow, delivered faulty goods to Yekaterinburg. A task A seller of goods, based in Moscow, delivered faulty goods to Yekaterinburg. Under the delivery contract the contract is deemed to be executed by the seller at the place of delivery of the goods, i. e. in Yekaterinburg. A customer is situated in Donetsk. Which court shall the customer apply to?