Abstract

The article analyzes the principle of discretion in civil proceedings in the states of the post-Soviet space. It has been established that in seven out of fifteen states, including Russia, it has no normative support and is exclusively a doctrinal principle. In eight states, dispositiveness is a principle of civil procedural law. Based on a comparison of the principle of discretion in the states of the post-Soviet space, as well as Russian judicial practice, the expediency of introducing Art. 5.1 “Dispositivity”, its draft is proposed.

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