SHS Web Conf.
Volume 141, 2022IV International Scientific and Practical Conference “Modern Management Trends and Digital Economy: from Regional Development to Global Economic Growth” (MTDE 2022)
|Number of page(s)
|Jurisprudence and Law as a Regulator of the Digital Economy
|24 June 2022
Challenging the decision of the financial commissioner in court: distribution of the burden of proof
Russian State University of Justice, Department of Civil and Administrative Litigation, Moscow, Russian Federation
2 Second Court of Appeal of General Jurisdiction, St. Petersburg, Russian Federation
* Corresponding author: firstname.lastname@example.org
This article discusses evidentiary activities with an insurance (financial) company contesting the decision of the financial commissioner, adopted by him at the request of a consumer of financial services at the pretrial stage of resolving an auto insurance conflict. Comparative legal analysis, system-structural analysis, and synthesis make up the methodological basis of the study. The relevance of the study, because of the legal nature of cases challenging the decision of the financial commissioner, reflecting a qualitatively “new” format of the mechanism for protecting the rights of this participant in auto insurance legal relations in the Russian Federation, is because proving in any civil case makes up the “core” of all judicial activities to resolve civil law conflict. The author evaluates implementing the legally established paradigm of adversarial litigation in the consideration and resolution of this category of cases, because the subject of judicial review is the decision of a public competent person, who, as a general rule, is charged with proving the legality and validity of his decision. The article explores the feasibility of implementing an “active” role of the court in implementing this mechanism for protecting the rights of insurance companies.
© The Authors, published by EDP Sciences, 2022
This is an Open Access article distributed under the terms of the Creative Commons Attribution License 4.0, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
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