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The System of Settling Disputes Procedure

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Chapter Summary

In the commercial court system, the commercial court of the constituent republics, regions, provinces, cities of Federal significance, autonomous provinces and regions handles cases as the first instance court. The adversarial system of court procedure is guaranteed by the Constitution. The application for an action must be presented to the court of appropriate jurisdiction. The court is to take measures for settlement and assist the parties to settle the case. The court may take "prompt interim measures" in order to secure the action or to ensure the property interest of the applicant. This chapter discusses the hearing, evidential rules, judgments and decisions, appeal and other procedures and costs. In 1997, the new Law on Enforcement Procedure was enacted. This law covers the enforcement of decisions of both the ordinary court and the commercial court, and is the basic law on enforcement of civil and commercial judgments.

Keywords: adversarial system; civil judgment; commercial court; commercial court system; commercial judgment; evidential rules; Law on Enforcement Procedure

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