The Grounds for Consideration of Cases in the Simplified Procedure

Abstract

The article highlights the new russian model of legal regulation of simplified proceedings in the civil process, also notes the incompleteness the reform of the civil procedure legislation (begun in 2016), which having negatively affects. In this research, the author focuses on the controversial aspects of the simplified procedure for considering individual civil cases, which based on the provisions of the legislation, on the established principles of judicial practice and the conclusions of doctrinal research. Also the author research of these materials, using by general scientific and special legal methods, including systemic, materialistic, formal legal methods and etc. A brief description of the grounds for considering civil cases in a simplified manner is given, the acceptability of currently allocated in Art. 232.2 Chapter 21.1 of the Code of Civil Procedure of the Russian Federation of categories of cases, as well as gaps in legal regulation that should be eliminated. The corresponding judicial practice is presented, the analysis of which leads to disappointing conclusions. It is noted that the study of this issue is due, among other things, to the lack of clarity in the relationship between the order, simplified and claim proceedings. In parallel, the relationship between the grounds for considering cases in a simplified procedure and legal norms regulating other aspects of the simplified procedure (making a court decision, accepting a statement of claim for consideration according to the rules of simplified proceedings) is substantiated, the integral legal regulation must comply with the essence of the requirements considered in the civil process. A legal assessment is made of the legislative identification of mandatory and dispositive grounds for considering a case in a simplified manner for compliance with the fundamental principles of civil procedure. The admissibility of limiting the principle of dispositiveness in the simplified production of the civil procedure is substantiated, which is a consequence of the desire to achieve a balance between public and private interests. Recommendations have been developed for the further improvement of civil procedural norms on simplified proceedings in terms of the list of categories of cases to be considered in accordance with the rules of Chapter 21.1 of the Code of Civil Procedure of the Russian Federation.