THE CONCEPT OF AMICUS CURIAE IN RUSSIAN CIVIL PROCEDURE
Journal Title: Economics. Law. State - Year 2018, Vol 1, Issue 2
Abstract
In this article, the author describes the concept of “amicus curiae” (“friend of the court”) and its peculiarities, investigates the role of this institution in the civil and commercial procedure and comes to the conclusion that using of amicus curiae is of considerable importance for modern Russian society, since it is one of the manifestations of the transparency principle in view of performing of the function of assistance to justice in establishment of truth and awarding judgement, and, as a result of this thesis, – an institution of public control. It is noted that participation in proceedings is carried out by submission of the “amicus curiae brief” to the court, which allows to form a more objective insight of the court about the factual background and the possible consequences of the particular court judgement. The judicial practice, the presence of which confirms the interest of Russian law enforcers in using this institution, is given, as well as the relevancy of the problem of the lack of appropriate regulation at the level of federal legislation. The author suggests a regulation model that allows to formalize the status of the “friend of the court” in the Civil Procedural Code and Commercial Procedural Code.
Authors and Affiliations
Evgeny Mirgorodskiy
Keywords
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