On romanticism in the arbitration procedure. Essay on Konstantin Konstantinovich Lebedev in connection with his anniversary

Abstract

In October 2016 Konstantin Lebedev, a Leningrad native, lecturer at the Department of Commercial Law of the St. Petersburg State University, associate professor, candidate of legal sciences, celebrated his 75th anniversary of birth. Widely known in our country, the scientist is an author of a large number of scientific publications. Konstantin Lebedev focused significant part of his research on deepening and development of business relations, participating actively, both from creative and practical perspective, in their formation and development in the post-reform era. Among the wide range of scientific interests of Konstantin Konstantinovich, his particular attention was directed to development of problems connected with the protection of entrepreneurs’ violated rights in arbitration courts. These problems arose during the formation of a separate judicial branch in Russia, namely the system of arbitration courts. Being not only a leading scientist but also a practicing attorney, K. K. Lebedev enjoys a significant advantage, namely that his research and developments initially “hard won” through judicial and arbitration practice with his participation then undergo scientific comprehension, analytical analysis and comparison of existing substantive and procedural legislation with their proposed amendments, and then again tested in practice by considering the opinions and wishes of legal practitioners before being proposed for a wide scientific discussion. This advantage predetermines the permanent relevance of the anniversary celebrant’s research, its focus on real assistance to entrepreneurs who, unfortunately, continue to spend a significant part of their time for participating to various extent in litigation disputes with their counterparties. K. K. Lebedev is also known for a conscious rejection of any unlawful practices of the trial, procedural “tricks” which although provide procedural success, but this success, in the opinion of the anniversary celebrant, is temporary, apparent as such, and, hence, is not able to completely solve the entrepreneur’s problem because of the defects in the “legal basis”. The anniversary celebrant encourages young lawyers to comply with the fundamental principles of judicial competition while protecting the violated rights of entrepreneurs, to provide them with judicial protection taking into account high moral and professional principles. This rule constitutes K. K. Lebedev’s motto due to which he enjoys well-deserved recognition with scholars, legal practitioners and the entire business community.

Keywords:

K. K. Lebedev, economic disputes, judicial protection, arbitration proceedings, procedural tools, romanticism, teaching, commercial law, teacher