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The exclusive competence of arbitration courts as one of the means of implementing the principle of access to justice

Shoniya Guri Vakhtangovich  (Associate Professor of the Department of Labor Law and Social Security Law Moscow State Law University O.E. Kutafinа (MSLA) Sadovaya-Kudrinskaya str., 9, Moscow, 125993. Moscow State Law University named after O.E. Kutafin)

Boguslavsky Daniil Alekseevich  (Practicing Lawyer)

The article is devoted to a comprehensive study of the sanctions regime used as a foreign policy deterrent. Special attention is paid to the changes made to the Russian legislation. In the article, the author examines disputes between Russian and foreign individuals who have faced restrictive sanctions measures. The article deals with disputes, the participants of which want to come to a satisfactory solution to the conflict. The author focuses on the dual nature of the new regime. Summarizing the practical experience of several people who have delved into this problem, two points of view can be identified. The first proves the impossibility of another outcome of events, how to amend Russian legislation, which allows resolving disputes involving two parties (Russian and foreign) within the country. Another regards this behavior as a violation of the sovereignty of another country. Analyzing the dynamics of the sub–sanctioned status in the international arena, it is impossible not to notice a "side effect" - distortion of the judicial process and the dispute resolution system. The problem of the responsibility of the shareholder countries is acute. The analyzed cases demonstrate how sanctions, in the form of a tool used to suppress aggression from other countries, turn into a method of forming new forms of international relations. Attention is focused on the development and complication of the relations of participants in legal relations, which lead to conflicts in the era of political restrictions. The article is aimed at researching the advantages and disadvantages of the new order of conflict resolution, which are likely to lead to new conflicts. The new judicial procedure is a set of actions that contribute to the settlement of disputes among the participants of the countries that create sanctions and accept them.

Keywords:sanctions regime, Russian legislation, AIC, dispute resolution, national litigation, cross-border economic relations, instruments of international coercion, European laws, changes in the course of the judicial code, Federal law, guarantee of access to justice, dispute resolution, corporate conflict, dispute resolution, review mechanism.

 

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Citation link:
Shoniya G. V., Boguslavsky D. A. The exclusive competence of arbitration courts as one of the means of implementing the principle of access to justice // Современная наука: актуальные проблемы теории и практики. Серия: ЭКОНОМИКА и ПРАВО. -2022. -№12. -С. 186-190 DOI 10.37882/2223-2974.2022.12.40
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