“On the discussion of the claim procedure for the protection of rights” — article by Tatyana Tereshchenko and Alexander Sergeev for Arbitration Disputes
In judicial practice, in relation to the issue of compliance with the mandatory pre-trial procedure, the idea that the actual possibility of settling a dispute is more important than formalities is invariably heard.
In this regard, in their article, Tatyana Tereshchenko, head of the analytical department of Prime Advice, and Alexander Sergeev find out what are the causes of this trend and how the current regulation meets the need for effective resolution of a substantive legal dispute.
Using the example of the problem associated with the suspension of the limitation period, the authors, from the point of view of substantive law, ask themselves what a mandatory claim procedure should be and when it is considered to be complied with, as well as whether any case should be considered a claim procedure when contacting an obligated person with an appropriate requirement is a condition for the implementation of a subjective rights.
Referring to judicial practice and doctrine, the authors formulate their proposals for improving law enforcement practice.
Keywords: mandatory claim procedure, claim, implementation of subjective civil law, effectiveness of legal protection, limitation period.