Summary Proceedings of Resolving Claims in Civil Proceedings
( Pp. 190-198)

More about authors
Staritsyn Alexey Yurievich Starshiy prepodavatel kafedry grazhdanskogo prava i processa
Baikal State University
Irkutsk, Russia
Abstract:
The purpose of the research. The article discusses summary procedure of considering civil cases by analyzing each of its stages. The purpose of the research is to assess the provisions of the current civil procedural legislation of summary proceedings to determine the effectiveness of the implementation of the relevant legal norms, as well as to identify ways to reform them. This is necessary because the issue of excessive judicial burden becomes more acute every year, and the norms of Chapter 21.1. The Code of Civil Procedure of the Russian Federation is not perfect and does not contribute to the cardinal resolution of the problem of the judicial system. Results. The article states the fragmentation and relative incoherence of legal norms on summary proceedings in civil proceedings. It becomes obvious that the norms of Chapter 21.1. The Code of Civil Procedure of the Russian Federation does not provide for a comprehensive legal regulation of a special procedure for resolving civil cases; most of the essential aspects are contained in the official explanations of the country's highest judicial body. The author highlights certain problems of four stages of the process in summary proceedings: initiation of a case, preparation for trial, resolution of the case on the merits and delivery of a decision by the court. In parallel, the author puts forward proposals for resolving the identified legal problems.
How to Cite:
Staritsyn A.Y., (2021), SUMMARY PROCEEDINGS OF RESOLVING CLAIMS IN CIVIL PROCEEDINGS. Gaps in Russian Legislation, 6 => 190-198.
Reference list:
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Keywords:
summary proceedings, civil proceedings, stages of legal proceedings, gaps in legislation, reform.


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