SOME ISSUES OF BORROWING THE ESTOPPEL DOCTRINE IN CIVIL PROCEEDINGS OF THE RUSSIAN FEDERATION

• Autor(a) principal: Kashkarova, Irina N.
• Data de Publicação: 2023
• Tipo de documento: Artigo
• Idioma: eng
• Título da fonte: Lex Humana
• Texto Completo: https://seer.ucp.br/seer/index.php/LexHumana/article/view/2392
• topic: estoppel; Sistema legal; países de lei comum; procedimentos civis; prática judicial russa; legal system; common law countries; russian judicial pratica; estoppel; civil proceedings

The article is devoted to the actual problem of applying the doctrine of common law countries in Russian legal practice. The relevance of the topic is due to the fact that in recent years, in order to optimize the judicial procedure, there has been a tendency for law enforcement officers to turn to the estoppel doctrine used in common law countries. The research goal is to consider the possibilities and difficulties of applying the estoppel doctrine in Russian judicial practice. The author also considers the feasibility of implementing this institution in the Russian legal field. The research methodology is based on legal analysis and includes methods of the general scientific group (generalization, systematization, comparison), as well as a number of special methods: content analysis of scientific literature on the research topic, as well as doctrinal analysis, critical analysis of judicial practice. As a result of the study, the author concluded: the reception of the doctrine by Russian law should be exclusively systemic and deliberate, and the principles of Russian civil legal proceedings are of decisive importance for clarifying the reception scope of the estoppel doctrine. The borrowing of this institution of common law in the legal system of a country belonging to the continental legal type should not be mechanical.