Court discretion – an exception or a rule

20.05.2014
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An article by Anna Popova, Associate at the Law Firm "YUST", was published in the Ezh-Yurist newspaper

When resolving any matter, the court, pursuant to a direct legal stipulation, must follow the principle of competitiveness, which means providing both parties with equal opportunity to prove their positions in court. Competitiveness of the parties includes the right and the duty of the parties to prove the consequences that they allege as the base for their claims (part 1 of Article 65 of the APCRF). The court has reserved the right to decide at its own discretion on the matters of the proceedings’ progress, exercising of the case participants’ rights, if they file the respective request. How does court discretion reflect on the implementation of that principle?

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