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The subject of study in this article are provisions of the Civil Procedure Code, the Code of Commercial Procedure and the Code of Administrative Proceedings of the Russian Federation that regulate matters of recusal of judges and the existing judicial practice. The author finds the existing institutions of recusals not fully compliant with the principles of legality and procedural economy, which creates prerequisites for abuse of procedural rights of parties to a case. Justifying the need for improvement of laws, the author suggests supplementing the existing norms of procedural codes with provisions to unify approaches towards authorizing recusals and minimizing opportunities for abuse of procedural rights in the event of applying for recusals without good reason.
Grigory V. Verdiyan (Thu,) studied this question.
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