Pretrial procedure for settlement of contractual disputes in the context of general issues of legal activity in commercial organizations

A.N. Varlamova

Moscow State University, Moscow, 119991 Russia

E-mail: allavarlamova@mail.ru

Received January 11, 2017

Full text PDF

Abstract

The paper considers one of the most important legal means increasing the efficiency of activity in a commercial organization, i.e., pretrial procedure for settlement of contractual disputes, which is beyond the scope of legal regulation. Data on the evolution of its legal-regulatory framework in post-Soviet Russia have been provided. The regulatory potential and economic efficiency have been studied. The author is convinced that using pretrial procedure allows to settle disputes out of court and, thus, cut down costs of a commercial organization, as well as contributes to reducing tension without causing a  complete termination of business relations.

Practical problems of handling pretrial procedures in a company, its local and regulatory framework, and synchronization with claim and contractual activities of a corporate legal department have been discussed. It has been suggested to use a differentiated approach regarding the nature of the agreement and actual relations between the parties when constructing the contractual terms of pretrial procedure for dispute settlement. The article specifically covers the consequences of non-compliance with the pretrial procedure if such compliance is mandatory. It has been concluded that there is a direct relation between legal activity in a company and the sphere which is conditionally called legal management.

Keywords: pretrial procedure for dispute settlement, legal activity, pretrial activity, claim settlement, contractual work, legal department, counterpart, contractual delinquency

References

  1. Yakovlev V.F. Civil Method for Regulation of Social Relations. Sverdlovsk, 1972. 212 p. (In Russian)
  2. Pyginskii B.I., Neverov O.G. Legal Activity. Moscow, Zertsalo-M, 2004. 167 p. (In Russian)
  3. Tsvetkov I.V., Filippova S.Yu. Organization of Legal Activity (In Aid of Corporate Lawyer). Moscow, Prospekt, 2014. 215 p. (In Russian)
  4. Civil Law. Vol. 1. Sukhanov E.A. (Ed.) Moscow, Volters Kluver, 2004. 669 p. (In Russian)
  5. Suvorov D.A. Claim and another order in the system of alternative forms for dispute settlement. Yurid. Mir, 2006, no. 7, pp. 34–41. (In Russian)
  6. Belyaeva O.A. Contract Work at the Enterprise: Practical Recommendations in Questions and Answers. Moscow, Kontrakt, INFRA-M, 2009. 259 p. (In Russian)
  7. Shitkina I.S. Legal Regulation of the Activity of Commercial Organizations Using Internal (Local) Documents: Set of Company's Internal Documents. Moscow, Gorodets-Izdat, 2003. 432 p. (In Russian)
  8. Kashanina T.V. Corporate (Incompany) Acts: Samples of Documents with Brief Commentaries. Moscow, Yurist, 2004. 511 p. (In Russian)
  9. Mas' L.V. Handbook of Legal Counsel: For Enterprises of Various Forms of Ownership. St. Petersburg, Piter, 2005. 238 p. (In Russian)
  10. Legal Service in Government Bodies and Enterprises. Ivanov A.A. (Ed.). Moscow, YuNITI, Zakon i Pravo, 2008. 192 p. (In Russian)
  11. Chashin A.N. Legal Service in the Russian Federation. Moscow, DIS, 2005. 173 p. (In Russian)
  12. Batyaev A.A. Legal Management: Effective Support of Organization Activity. Moscow, Alfa-Press, 2005. 165 p. (In Russian)
  13. Glushkov K. On the benefit of complaints. Yuridicheskaya Gazeta, 2011, no. 3, pp. 11–22. (In Russian)
  14. Organization of Economic-Legal Activity at the Enterprise. Mamutov V.K., Tsimerman Yu.S. (Eds.). Moscow, Yurid. Lit., 1975. 279 p. (In Russian)
  15. Anokhin V.S. Legal Work in the National Economy under New Economic Conditions. Voronezh, Izd. Voronezh. Univ., 1991. 328 p. (In Russian)
  16. Rozhkova M.A. The regulations of formalizing, submission, and processing of complaints. Khozyaistvo i Pravo, 2008, no. 2, suppl. (in Russian)
  17. Filippova S.Yu. Organization of claim settlement of the company: Experience of instrumental research. Yurist, 2014, no. 17, p. 42–46. (In Russian)

For citation: Varlamova A.N. Pretrial procedure for settlement of contractual disputes in the context of general issues of legal activity in commercial organizations. Uchenye Zapiski Kazanskogo Universiteta. Seriya Gumanitarnye Nauki, 2017, vol. 159, no. 2, pp. 392–400. (In Russian)


The content is available under the license Creative Commons Attribution 4.0 License.