Filing the Lawsuit: USA and Russia

By

[Date of Submission]

Table of Contents

INTRODUCTION3

Research Purpose4

LEGAL SYSTEM AND FILING THE LAWSUIT4

Russia5

Arbitration Court6

The Court of General Jurisdiction7

USA8

APPELLATE PROCESS OF THE LAWSUIT10

Russia10

U.S.A13

THE STATUTE OF LIMITATION FOR LAWSUIT15

Russia15

U.S.A18

CIVIL PROCEDURE CODE OF RUSSIA20

RUSSIAN LAW AUTHORS22

COMPARISON24

Similarities24

Some Basic Differences25

Matters of Procedure26

Civil Procedure Practice27

Convergence of Judicial Roles29

CONCLUSION32

References34

Filing the Lawsuit: USA and Russia

INTRODUCTION

There are various similarities and differences in the U.S and Russian civil procedures. However it will be more worthy to discuss the courts of both the nations before elaborating on these differences and similarities. The judicial system of Russia comprises of the constitutional court including the court of general jurisdiction, the arbitrage courts and the military courts.

The U.S. Constitution establishes the Supreme Court of the United States and grants Congress the authority to establish the lower federal courts. The Congress created two levels of federal courts below the Supreme Court, namely, the district courts of the United States and Circuit Courts of Appeal from the United States. The district courts of the United States are courts of first instance federal system and are among 94 in the country. Each state has at least such a tribunal chaired by a district judge presiding over the hearing of the various actions. In addition to district judges, judges in bankruptcy.

Both the Russian and American constitution provides for the federal court within the sphere of federal authority. It is difficult that any federal government control function without this supremacy. However, both the consultations treat the sphere of federal authority differently, for example, in the U.S constitution the federal supremacy areas are set forth in the Article 1 of section 8 that lists the authority areas which are granted to the congress. On the other hand, the article 1 of section 10 lists the areas of authority that are prohibited to the states. In the contemporary world, conflicts are resolved through constitutional systems of judicial review, which may take different modalities. The establishment of a constitutional court system and its effectiveness against state organs and individuals determine the normative force of the Constitution, which is one of the basic columns contemporary constitutional states. With regard to constitutional control systems, they can systems classified as full constitutional control and systems limited or incomplete control of constitutionality.

Research Purpose

The aim of this research paper is to compare and contrast the American and Russian civil lawsuit filing procedure but not to assess their relative worth since both the constitutions bequeathed the benefit and problems to the nation. Each constitution reflects the earnest attempt of the drafters tom address the political problems. The similarities and differences in the constitution were shaped by the economic, social and political tools that culture and history has provided to both countries.

LEGAL SYSTEM AND FILING THE LAWSUIT

When a person sues civilly, the judge must state their willingness to be declared an individual right that legally corresponds to (voluntary trials) such as in a sequence, or which entitles him when it is unknown to the party to which demand, for example, a debt collection ...