Annotation

The article is devoted to the prohibition, provided for by Part 4 of Article 23 of the Civil Procedure Code of the Russian Federation, on the emergence of disputes on jurisdiction between a justice of the peace and a district court. The article consists of three conceptual parts. In the first part, the author considers which situations can be classified as a jurisdictional dispute and which cannot. In the second part, the practical consequences of the rule on the inadmissibility of a dispute on jurisdiction between a justice of the peace and a district court are presented, which may be summarized as follows: if the court to which the person initially applied has stated that the case is not within its jurisdiction, then the other court to which the person subsequently applies is obliged to initiate the case and consider it, even if the first court incorrectly applied the rules on jurisdiction. In the third part, the author presents several procedural questions that may arise in connection with the topic of disputes on jurisdiction, and then provides answers to them. At the same time, the answers contain proposals for amending procedural legislation with regard to the norms related to disputes on jurisdiction. The study is based on an analysis of about 60 rulings of cassation courts of general jurisdiction for the years 2019–2026, in which Part 4 of Article 23 of the Civil Procedure Code of the Russian Federation is mentioned, as well as on the legislation of the Russian Empire, in which the topic of disputes on jurisdiction was more developed at the level of law and at the level of theory.