STUDY OF THE PROCEDURAL FORM OF SIMPLIFIED PROCEEDINGS IN THE CONTEXT OF THE PROBLEM OF IMPLEMENTATION OF THE PRINCIPLE OF PROCEDURAL ECONOMY

2021 ◽  
Vol 11 (3) ◽  
pp. 212-223
Author(s):  
R.R. DOLOTIN

The search for an optimal balance between the result of legal proceedings and the way to achieve it is currently one of the most important areas of development of procedural legislation. In this regard, there is a need to use not only the general procedure for the consideration and resolution of cases, but also a special one, which contributes to the rational simplification and acceleration of procedures. In this sense, the study of the procedural form used in the claim and simplified proceedings is of particular value. The author comes to the conclusion that in simplified proceedings, a truncated procedural form is used, which is characterized by such manifestations of procedural economy as the absence of a preliminary meeting, summoning the parties to a court session, the prohibition of the court’s examination of evidence provided in violation of deadlines, making a decision without a reasoned part, etc. It is noted that the effectiveness of arbitration proceedings should not be achieved by violating the fundamental principles of civil proceedings. In conclusion, the author concludes that the procedural form should be defined as a system of scientifically grounded, normatively defined conditions of effective and correct resolution of civil cases, determined by legal relations to be protected.

2019 ◽  
pp. 27-35
Author(s):  
Alexandr Neznamov

Digital technologies are no longer the future but are the present of civil proceedings. That is why any research in this direction seems to be relevant. At the same time, some of the fundamental problems remain unattended by the scientific community. One of these problems is the problem of classification of digital technologies in civil proceedings. On the basis of instrumental and genetic approaches to the understanding of digital technologies, it is concluded that their most significant feature is the ability to mediate the interaction of participants in legal proceedings with information; their differentiating feature is the function performed by a particular technology in the interaction with information. On this basis, it is proposed to distinguish the following groups of digital technologies in civil proceedings: a) technologies of recording, storing and displaying (reproducing) information, b) technologies of transferring information, c) technologies of processing information. A brief description is given to each of the groups. Presented classification could serve as a basis for a more systematic discussion of the impact of digital technologies on the essence of civil proceedings. Particularly, it is pointed out that issues of recording, storing, reproducing and transferring information are traditionally more «technological» for civil process, while issues of information processing are more conceptual.


2020 ◽  
Vol 10 ◽  
pp. 70-77
Author(s):  
I. I. Tolmacheva ◽  

This article analyzes the issues related to the effect of the principle of oral civil (administrative) proceedings in simplified civil (administrative) proceedings, taking into account that scientific articles Express the opinion that the principles of civil procedure are not fully applied in simplified proceedings. The author proposes to pay attention to the effect of this principle both in the General procedure for consideration of civil cases by the court, and in the simplified procedure (procedure); to identify trends in its development in the real conditions of the Russian civil process, regardless of the procedure for consideration of civil cases.


2020 ◽  
Vol 4 (XX) ◽  
pp. 181-201
Author(s):  
Mariusz Śladkowski

One of the most important changes to the legal regulations in 2019 is the reform of the civil procedure introduced by the Act of July 4, 2019 amending the Act - Code of Civil Procedure and certain other acts. One of the most important goals of this reform was to improve the implementation of the civil right to a fair trial. According to the authors of the reform, the existing solutions in terms of the manner of conducting civil proceedings have worked well under conditions of a relatively low burden on civil courts. Nowadays, when the number of civil cases is gradually increasing, the legislator’s efforts are required that will realistically simplify and accelerate the proceedings in these cases. As part of the amendment in question, two far-reaching changes were made to two means of appeal, basic for civil proceedings, i.e. an appeal and a complaint


Author(s):  
Liliya Usich

This work is devoted to identifying the significance of the appeal proceedings in civil cases. We emphasize that the right to judicial protection is one of the fundamental human rights. To achieve this goal, we set the following tasks: define the concept of appeal proceedings; characterize the essence of the appeal proceedings in civil cases. In the course of studying the issue, we use the methods of scientific knowledge, based on the results of which the appropriate conclusions are drawn: despite the wide recognition of the appeal proceedings in the Russian Federation, we note the need to improve the efficiency of this institution due to certain omissions in the legislation. As a result, we define what should be understood as an appeal – consideration of cases that have not entered into legal force. By virtue of this, the importance and significance of the appeal proceedings as an appeal tool, as well as the direct correction of judicial errors, is noted both by the norms of domestic legislation and by international human rights bodies. The indicated gaps in the legislation show the absence of clearly defined boundaries, which creates problems in determining the value and essence of the appeal proceedings both at the theoretical and practical levels. In particular, there is a controversy on the appeal proceedings’ importance. However, the doctrine identifies two main elements, the essence of the appeal proceedings is: 1) the repetition of the case; 2) verification of the judicial act. Nevertheless, despite the high prevalence of appeals in civil proceedings, the issue of improving the effectiveness of this institution is still relevant, which leads to the inefficiency of civil proceedings in general.


Author(s):  
A. D. Zolotukhin ◽  
◽  
L. A. Volchihina ◽  

On the basis of research, the structure of civil procedural law is defined as a system rather than an elementary set of legal norms and institutions. Determining the significance of the system of civil procedural law, it was concluded that having individuality, such a structure is one of the features that distinguish civil procedural law from other branches of law. The authors also come to the conclusion that the established properties of the system of civil procedural law, such as unity, interconnection (interaction) and independence of application, determine the possibility of applying individual elements of the structure of the system of civil procedural law, when considering substantive situations as an independent both individually and collectively. This ensures the possibility of obtaining the required positive result and characterizes it as universal. Critically examining various concepts, the authors offer their own definition of the concept of the system of civil procedural law. The conclusion is also made about the relationship of the system of civil procedural law with the principles of civil procedural law and the procedural form of civil legal proceedings.


2020 ◽  
Vol 12 (05-SPECIAL ISSUE) ◽  
pp. 387-392
Author(s):  
Elena Sergeevna Smagina ◽  
Antonina Golysheva ◽  
Elena Vadimovna Pitʾko ◽  
Eveniy Riazanov ◽  
Sergey Zinkovsky

Author(s):  
Igor Igorevich Kartashov

The relevance of the study is due to the importance of finding effective and at the same time humane measures to combat crime of minors that meet the generally accepted principles and norms of international law. The purpose of the study is to consider the international legal norms that form the basis of standards in the field of implementation of the rights of minors involved in the orbit of criminal proceedings. In this study we consider some aspects of the implementation of fair minor’s justice standards in the Russian criminal procedure legislation. Also we analyze the provisions of key regulations in the field of juvenile justice, the practice of their application, as well as doctrinal approaches to the prospect of further improvement of the criminal procedural form of legal proceedings against minors. On the basis of the analysis we highlight the features of the proceedings in the category of criminal cases: criminal prosecution can be initiated only after reaching a certain age; expanded the subject of proof; the production involves additional participants; the establishment of additional grounds and conditions for the use of coercive measures related to the restriction of freedom; confidentiality, which determines the characteristics of the trial; expansion of the range of issues resolved by the court in sentencing. It has been concluded that the existing domestic criminal proceedings the order of proceedings in criminal cases among minor, despite the peculiarities that distinguish it from the general procedure, it is impossible to recognize the self-differentiated procedure.


Author(s):  
Ardak Alimkhanovna Biyebayeva ◽  
Aigul Mailybayevna Kalguzhinova ◽  
Vera Anatolievna Chunyaeva

The relevance of the study is due to the importance of finding effective and at the same time humane measures to combat crime against minors that meet the generally accepted principles and norms of international law. The purpose of the study is to consider the international legal norms that form the basis of standards in the field of implementation of the rights of minors involved in the criminal proceedings orbit. We consider some aspects of the fair juvenile justice standards implementation in the Russian criminal procedure legislation. We analyze the provisions of the key normative acts in the field of juvenile justice, their application practice, as well as doctrinal approaches to the prospect of further improvement of the criminal procedural form of legal proceedings against minors. On the basis of the analysis, we highlight the proceedings features in the criminal cases category: criminal prosecution can be initiated only after reaching a certain age; expanded the subject of proof; the production involves additional participants; the establishment of additional grounds and conditions for the use of coercive measures related to the restriction of freedom; confidentiality, which determines the characteristics of the trial; expansion of the range of issues resolved by the court in sentencing. It has been concluded that the existing domestic criminal proceedings the order of proceedings in criminal cases in juvenile, despite the peculiarities that distinguish it from the general procedure, it is impossible to recognize the self-differentiated procedure.


2016 ◽  
Vol 45 (1) ◽  
pp. 199-223
Author(s):  
Anna Piszcz

Abstract In this paper a description of the model of Polish preparatory proceedings in civil cases will be presented. By looking at foreign examples of preparatory activities in civil cases first, we will be able to discern what potential advantages and disadvantages are associated with the written or oral (spoken) form of preparatory activities of court actors in the first stage of civil proceedings. In the second main part of the paper the author will turn to Polish counterparts of these preparatory activities and their form. The author will also deliberate on where a change is needed. She will also attempt to propose some measures that might be useful in the current condition of Polish civil proceedings.


Widya Bhumi ◽  
2021 ◽  
Vol 1 (1) ◽  
pp. 13-24
Author(s):  
Dian Dewi Khasanah

The role of electronic evidence, namely electronic certificates as part of electronic documents in civil cases, is still questionable. The presence of the Electronic Information and Transactions Law, which is the legal umbrella for the validity of electronic certificates, apparently still raises pros and cons, even in the eyes of law enforcers, therefore more specific regulations are needed so that the validity and strength of proof of electronic certificates are no longer questioned in court proceedings, especially civil cases. Electronic certificate or also known as electronic land certificate as one of the products from The Ministry of Agrarian Affairs and Spatial Planning/National Land Agency which is currently being discussed will implement a media transfer process from analog to digital form. For this reason, it is necessary to prepare further regarding regulations to regulate how the later position and strength of evidence from electronic land certificates in Civil Procedure Law as an extension of evidence in civil cases. The method used in writing this scientific paper is legal research with the socio-legal method, namely by normatively examining the regulations regarding the Information dan Electronic Transaction of law in which have been used in civil proceedings in court and by looking at the existing norms and responses that are developing in the community. In the provisions of Article 6 of the Electronic Information and Transactions Law, an electronic document is considered valid if it is accessible, displayable, assured as to its integrity, and accountable. However, because it does not have perfect evidentiary power, it is necessary to accelerate the discussion of the Draft Civil Procedure Law, so that electronic land certificates as part of electronic documents have perfect evidentiary power in court, especially in civil cases.Keywords: Electronic Land Certificate, Evidence, Civil Procedure Law Intisari: Peran alat bukti elektronik yaitu sertipikat elektronik sebagai bagian dari dokumen elektronik dalam perkara perdata sampai saat ini masih dipertanyakan keabsahannya. Kehadiran UU ITE yang menjadi payung hukum dari keabsahan sertipikat elektronik rupanya masih menimbulkan pro dan kontra, bah­kan di mata penegak hukum, oleh karenanya dibutuhkan regulasi yang lebih spesifik agar keab­sahan dan kekuatan pembuktian dari sertipikat elektronik tidak lagi dipertanyakan dalam beracara di pengadilan khususnya perkara perdata. Sertipikat elektronik atau dapat juga disebut sertipikat tanah elektronik sebagai salah satu produk dari Kementerian Agraria dan Tata Ruang/ Badan Pertanahan Nasional (ATR/BPN) yang saat ini sedang diwacanakan akan diberlakukan atau akan dilaksanakan proses alih media dari bentuk analog ke bentuk digital. Untuk itu perlu dipersiapkan lebih lanjut menge­nai regulasi untuk mengatur bagaimana nantinya kedudukan dan kekuatan pembuktian dari sertipikat tanah elektronik dalam Hukum Acara Perdata sebagai perluasan alat bukti pada perkara perdata. Metode yang digunakan dalam penulisan karya ilmiah ini adalah penelitian hukum dengan metode sosio legal, yaitu dengan mengkaji secara yuridis normatif berbagai ketentuan perundang-undangan dan pengaturan mengenai dokumen elektronik yang selama ini dapat digunakan dalam beracara secara perdata di pengadilan serta dengan melihat norma dan respon yang ada dan berkem­bang di tengah masyarakat. Dalam ketentuan Pasal 6 UU ITE, suatu dokumen elektronik dianggap sah apabila dapat diakses, ditampilkan, dijamin keutuhannya, dan dapat dipertanggungjawabkan. Namun karena belum memiliki kekuatan pembuktian yang sempurna, maka perlu segera dipercepat pemba­hasan mengenai Rancangan Undang-Undang Hukum Acara Perdata, agar sertipikat tanah elektronik sebagai bagian dari dokumen elektronik memiliki kekuatan pembuktian yang sempurna di muka pengadilan khususnya perkara perdata.Kata Kunci: Sertipikat Tanah Elektronik, Pembuktian, Hukum Acara Perdata


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