The relationship between the procedural and judicial significance of jurisdiction, as well as its conditionality by criteria of a procedural and judicial nature, is considered. The predominantly technical significance of the institution of jurisdiction for procedural branches of law is determined. Examples of manipulation of jurisdiction in the field of arbitration, civil, and criminal proceedings are given. The refusal of alternative jurisdiction in criminal proceedings is justified. It is concluded that violation of the rules of jurisdiction is not considered an absolute basis for the reversal of court decisions.
jurisdiction, criminal process, arbitration process, civil process, venue
1. Torgovchenkov V. I. Changing the jurisdiction of some criminal cases requires changing the procedure for their initiation and consideration. Legality, 2019, no. 6, pp. 31–32. (In Russ.)
2. Tsvetkov Yu. A. Games played by judges. Deconstruction of justice and judicial activity in the paradigm of legal realism: monograph. Moscow: UNITY-DANA Publ., 2023. 383 p. (In Russ.)
3. Determination of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation no. 305-ES20-23627 in case no. A40-161067/2020dated April 22, 2021. (In Russ.)
4. Fokin E. A. Artificial change of jurisdiction: discretion or abuse? Commentary on the Determination of the Judicial Collegium on Economic Disputes of the Supreme Court of the Russian Federation no. 305-ES20-23627 dated April 22, 2021. Bulletin of Economic Justice of the Russian Federation, 2022, no. 2, pp. 17–35. (In Russ.)
5. Volodarsky D. B., Kashkarova I. N. Procedural estoppel in the practice of Russian courts (empirical analysis). Bulletin of Civil Procedure, 2019, no. 5, pp. 61–110. (In Russ.)
6. Reshetnikova I. V. The right to a competent court: formation of the court, jurisdiction of the case. Law, 2021, no. 7, pp. 61–69. (In Russ.)
7. Tarasov A. A. Stereotypes of corporate legal consciousness in the context of the analysis of some criminal procedural institutions. Rule of law: theory and practice, 2022, no. 1 (67), pp. 132–146. (In Russ.)
8. Markovicheva E. V. Criteria for determining entrepreneurial activity when applying part 1.1 of art. 108 Code of Criminal Procedure of the Russian Federation. Criminal law, 2015, no. 5, pp. 135–137. (In Russ.)
9. Bekhalo S. V. Jurisdiction in Russian criminal proceedings. Dissertation... candidate of legal sciences. Moscow, 2024. 246 p. (In Russ.)
10. Terekhova L. Fetishization of the rules of jurisdiction in civil proceedings. Arbitration and civil process, 2009, no. 6. (In Russ.)
11. Shemeneva O. N. Consequences of non-compliance with the rules of jurisdiction: constitutional aspect. Russian judge, 2014, no. 4, pp. 38–41. (In Russ.)
12. Course in criminal procedure / A. A. Harutyunyan, L. V. Brusnitsyn, O. L. Vasiliev et al.; ed. by L. V. Golovko. Moscow: Statute. 2017. 1278 p. (In Russ.)
