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Civil procedural law. Concept and types of judicial jurisdiction (the most important)

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18. CONCEPT AND TYPES OF JUDICIAL SCORING

Jurisdiction - assignment of a dispute about the law or other legal matter to the competence of a certain body.

Types of jurisdiction.

1. Exceptional - the case is considered only directly by the court and cannot be resolved on the merits by other bodies. To resolve the dispute by the court, there is no mandatory pre-trial procedure for applying to any other bodies. The exclusive jurisdiction includes disputes on the recognition of authorship of a work of art, on reinstatement at work, on the recognition of an agreement on the transfer of an apartment into the ownership of citizens as invalid, etc.

2. Multiple - means that the legal issue can be resolved in a court of general jurisdiction or an arbitration court, in a labor dispute commission and in court. In some cases, the law gives the applicant the right to choose the body to which he can apply for resolving a legal issue, or leaves the parties themselves to decide on the choice of body, or strictly determines the sequence of applying to various bodies that resolve legal issues.

In this regard, the following types of multiple jurisdiction are distinguished:

1) alternative - a dispute of a legal nature can be legally resolved not only by a court, but also by another non-judicial body (administrative, notarial, arbitration). Appeal to one or another form of protection of the right depends on the discretion of the plaintiff, applicant, other interested party or is determined by agreement of the parties, expressed both in a separate document and in the text of a civil law agreement (contract);

2) contractual - is determined by agreement of the parties. For example, when concluding a transaction, citizens have the right to fix in one of the clauses of the contract that all disputes arising from this contract will be resolved in a specific arbitration court. The participants in the transaction can make a separate arbitration entry about this;

3) conditional - means that for a certain category of disputes or other legal issues, compliance with the preliminary extrajudicial procedure for their consideration acts as a necessary condition for their jurisdiction by the court, i.e., before the trial by the court, the case must be considered by another body;

4) imperative - means that the law establishes a strict sequential passage of the case through the jurisdictional bodies. The jurisdiction of cases is determined by the connection of claims. When combining several interconnected claims, of which some are subordinate to the court, and others to the arbitration court, all claims are subject to consideration in a court of general jurisdiction, if their separation is impossible.

An objective combination of requirements is possible if there is a commonality of their grounds.

If separation of claims is possible, the judge issues a ruling on accepting the claims under the jurisdiction of the court of general jurisdiction and on refusing to accept the claims under the jurisdiction of the arbitration court.

Author: Gatin A.M.

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