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Понятие, правовая природа третейского суда

Т. В. Летута


Понятие, правовая природа третейского суда


The article addresses the issue of civil-legal significance of the concept of the arbitration court. Expands to question that modern legislation includes the concept of the arbitration court, it does not reflect of the substantive essence. Eanwhile, the court of arbitration, authorizing civil dispute, makes a decision, which is the basis of origin, change and termination of civil rights and duties. The features of the arbitration court does not allow to considerthis phenomenon from the perspective of any involvement of the state in civil relations, nor solely in terms of the participation of private subjects in relationship. It was found that the absence of legislatively fixed concept of the arbitration court in the prerevolutionary period development of the national law should not be interpreted as a lack of regulations in force generally known and alleged common understanding of the subjects of civil relations essence of arbitration proceedings. Last interpreted as mediation in the resolution of the dispute, and the arbitrator in the legislation defines the term “intermediary”. This approach has been saved and the Soviet legislation until 1959, which is not the first time the term “intermediary” in relation to arbitration judge. The concept of the arbitration court for the first time formulated. In 1992 was confirmed that both the first and the subsequent definition of the arbitration court do not respond the basic requirements to the concept, namely, do not reflect the essential properties, specific features of the legal phenomenon. A possible variant of the formation of the concept of the arbitration court, which consists in comparing the modern conception of mediation with of the arbitration court, as well as in the use of the term “collective education”. It was established that the only possible approach for the characteristics of this legal phenomenon is the use of the term “collective education” as an arbitration court meets all the attributes of collective subjects of law, developed the doctrine of law. Proposed by the arbitration court to understand the non-state collective education, providing intermediary services for the resolution of the dispute between the parties to civil law relations.

Ключевые слова:

arbitration, arbitrator, civil law relations, collective entities, intermediary, legal entity, state court, арбитр, государственный суд, гражданско-правовые отношения, коллективные образования, посредник, третейский суд, юридическое лицо

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Сведения об источнике:

Вестник Университета им. О. Е. Кутафина (МГЮА). – 2016. – № 10 (26). – С. 76–83.

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