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Judicial Discretion in Civil Disputes Over Defense of Investors’ Rights

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Remote Investment Transactions in the Digital Age

Abstract

The study discusses the use of judicial discretion in civil disputes to of investors. There is currently no clear mechanism for the judicial protection of investors. An investment law relationship is a civil law relationship that arises under a civil contract between an investor and the State. The discretion of the court is a systemic element of the law governing the trial stage, which includes both the procedural issues of the stage and the evidence process of the criminal case, at the same time acting as the court’s enforcement discretion at the end of this stage. The article discusses the use of judicial discretion in civil disputes to protect the rights of investors. Currently, there is no clear mechanism for judicial protection of investors. Investment legal relations are civil legal relations that arise within the framework of a civil law agreement between the investor and the state. Purpose: the mechanism for exercising judicial discretion in civil disputes to protect the rights of investors is considered. We consider the discretion of the court in civil disputes to protect the rights of investors as an element of regulation at the stage of litigation. The research methodology is based on methods of scientific knowledge, logical and dialectical methods. Results: The legislative framework has mechanisms to resolve disputes in the investment sector of the economy.

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Correspondence to Ekaterina S. Azarova .

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Azarova, E.S., Tretyakov, Y.V. (2024). Judicial Discretion in Civil Disputes Over Defense of Investors’ Rights. In: Inshakova, A., Matytsin, D., Inshakova, E. (eds) Remote Investment Transactions in the Digital Age. Intelligent Systems Reference Library, vol 250. Springer, Cham. https://doi.org/10.1007/978-3-031-51536-1_31

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