法院简化诉讼程序的判决

A. Y. Staritsyn
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引用次数: 0

摘要

本文强调了法院根据简化程序规则作出裁决的规则的特殊性,指出了2016年开始的民事诉讼立法改革在这方面的不完善,这对正在审议的程序的适用产生了负面影响。在研究中,作者将重点放在法院对某一民事案件进行删节审议后作出的判决及其撤销民事案件可能产生的后果。研究的结果。有人提出理由,认为有必要在立法上全面巩固准备一项决定,包括推理部分,作为一项简化程序的一般强制性规则。本文论证了判决动机与法院判决的其他程序性制度属性有着不可分割的联系。对准备一项合理决定的理由进行了批判性评估。注意到俄罗斯联邦最高法院的立法活动,这对国家制度的稳定产生了消极影响。得出的结论是,制定合理的司法行为的方法不符合改进立法的既定目标,即简化程序的本质。初审法院在简化程序中审议案件的规则与上诉法院对申诉的审议之间存在着不可分割的联系。文章通过司法实践,揭示了法院判决撤销理由的内容。有必要根据撤销法院判决的依据来区分上诉法院的权力。讨论和结论。在作出法院判决的规则以及撤销判决的理由和程序方面,提出了进一步改进简化诉讼程序的民事诉讼规则的建议。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The court decision of simplified proceedings
The article highlights the peculiarity of the rules for making a decision by the court according to the rules on simplified proceedings, notes the incompleteness in this regard, begun in 2016, of the reform of the civil procedure legislation, which negatively affects the application of the procedure under consideration. In the research, the author focuses on the court decision made as a result of the consideration of a civil case in a truncated form in connection with the likely consequences of its cancellation. Research results. Arguments are given for the need for legislative consolidation of the preparation of a decision in full, including the reasoning part, as a general mandatory rule of a simplified procedure. The article substantiates the motivation as an integral and inextricably linked with other procedural institutions property of a court decision. A critical assessment of the grounds for preparing a reasoned decision is given. The law-making activity of the Supreme Court of the Russian Federation is noted, which negatively affects the stability of the state system. The conclusion is formulated that the approach to the preparation of a reasoned judicial act does not correspond to the established goals of improving legislation, the essence of simplified procedures. There is an indissoluble connection between the rules of consideration of the case in a simplified procedure by the court of first instance and consideration of the complaint by the court of appeal. The article presents the judicial practice, revealing the content of the grounds for annulment of the court decision. There is a need to differentiate the powers of the court of appeal, depending on the basis of the cancellation of the court’s decision. Discussions and conclusions. Recommendations for further improvement of the civil procedure rules on simplified proceedings in terms of the rules for making a court decision, as well as the grounds and procedure for its cancellation, have been developed.
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