Recourse to the financial commissioner as a condition for the exercise of the right to sue

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Abstract

The article analyses the legislative regulation of the mechanism of appeal to the Financial Commissioner before filing a complaint to the court, its procedural aspects and consequences of non-compliance with this preliminary procedure. Notwithstanding the general conclusion that this method of dispute settlement is useful, including, inter alia, a period for recourse to judicial bodies, shortcomings have been noted that would unnecessarily complicate the procedure and, in some cases, make it a meaningless exercise. Based on the case law, it has been proposed to simplify the procedure for recourse to the court in situations where a dispute is known to be impossible to resolve without the involvement of the court.

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About the authors

Vitaly V. Gavrichkov

Institute of State and Law of the Russian Academy of Sciences

Author for correspondence.
Email: VVGavrichkov@mainletter.ru

Lawyer, Partner of the Law Office of Saint Petersburg “Main letter”;

Russian Federation, Moscow

References

  1. Zaikov D. E. Pre-trial dispute settlement procedure by the financial commissioner: problems of legal regulation // Actual problems of Russ. law. 2023. Vol. 18. No. 2. Pp. 94–102 (in Russ.).
  2. Lysova Yu. V. Actual problems of consumer protection when issuing a loan and its insurance provision // Herald of Kutafin University (MSLA). 2020. No. 8. P. 49 (in Russ.).

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