On reforming the institute of simplified production in the present civil process

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Introduction: the article is devoted to the analysis of simplified production in the civil process. In the author's opinion, the simplified production institute needs to be reformed in connection with existing law enforcement problems. Materials and Methods: the methodological basis of the study is the conceptual provisions of the general scientific dialectical method of cognizing the phenomena of objective reality, as well as private-scientific methods: formal-legal, comparative-legal, statistical. Results: the article analyzes in detail the application of the simplified procedure for civil cases, through the prism of the position of the Plenum of the Supreme Court of the Russian Federation; on the basis of the generalization of statistical data, the low efficiency of the implementation of the simplified procedure in civil cases in judicial practice is revealed. The analysis makes it possible to conclude that the insufficient elaboration of the simplified production institute, as well as the lack of uniformity in interpreting the rules governing a simplified procedure for dealing with cases, requires justification for a number of changes in legislation. In particular, the author proposes to supplement Part 1 of Art. 232.2 of the Code of Civil Procedure of the Russian Federation, paragraph 4. Discussion and Conclusions: comparison of the different points of view of theorists and practitioners in the sphere of civilization on the issue of reforming the institute of simplified production gives grounds to argue that the development of the institute of simplified proceedings in civil cases is connected with the expansion of the list of cases to be considered in a simplified procedure, and therefore it is proposed to formulate a uniform approach in matters interpretation of the rules governing a simplified procedure for dealing with cases.

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Короткий адрес: https://sciup.org/142214751

IDR: 142214751   |   DOI: 10.24420/KUI.2018.32.13964

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