Journal of Siberian Federal University. Humanities & Social Sciences: The Role of Judicial Interpretation in the “Competition” of Commercial Courts in Russia

Journal of Siberian Federal University. Humanities & Social Sciences / The Role of Judicial Interpretation in the “Competition” of Commercial Courts in Russia

Issue: Journal of Siberian Federal University. Humanities & Social Sciences. 2018 11 (6)
Authors: Tykyl-ool, Aidys S.
Contact information: Tykyl-ool, Aidys S.: Tuvan State University 36 Lenin Str., Kyzyl, Republic Tuva, 667000, Russia;
Keywords: interpretation; economic analysis of law; jurisdiction; commercial courts; competition
Abstract: The purpose of the article is to discover the role of judicial interpretation of legal norms in dispute resolution based on the concept of opportunity costs, as well as to establish the existence of “competition” of Russian commercial courts. The concept of opportunity costs is essentially related to the process of choice. Opportunity costs exist when there are at least two courses of action, and the decision maker can select either course of action as his/her own choice. The value of the rejected choice is the opportunity cost of the choice. Interpretation of legal norms recognizes a set of techniques used to understand the essence of legal norms. In the opinion of the author, “competition” of commercial courts of Russia is a rivalry between legal opinions of judicial bodies based on interpretation of Russian legislation. The author conducted an economic and legal analysis of influence of judicial interpretation on the behavior of business and, thus, discovered “competition” between Russian commercial courts
Pages: 1010-1015
Paper at repository of SibFU: https://elib.sfu-kras.ru/handle/2311/71669