Modern problems of writ production in the civil process
Автор: E.A. Voshchinnikov, R.M. Zhemaletdinov
Журнал: Международный журнал гуманитарных и естественных наук @intjournal
Рубрика: Юридические науки
Статья в выпуске: 5-2 (104), 2025 года.
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Writ proceedings are one of the simplified proceedings aimed specifically at the implementation of numerous indisputable requirements and, thus, an important component of the civil procedure in the Russian Federation. This article analyzes the main purpose of writ proceedings based on the legal definition and legal doctrine. The authors note a number of problems with the legality of the implementation of claims carried out in the order of writ proceedings: an imbalance of the rights and legitimate interests of the recoverer and the debtor; some difficulties in implementing the principle of accessibility of justice at the stage of making an application for a court order and the impossibility of choosing and unhindered access for a person in need of restoration of his rights immediately to the claim proceedings; lack of rights to take measures to ensure the requirements stated in the writ proceedings; problems of proper notification of the debtor of the order; Loopholes for unscrupulous claimants to implement the requirements contained in court orders based on falsified documents in simple written form. Based on the analysis of judicial practice, the most significant problems were identified and some solutions based on law enforcement practice were given.
Writ proceedings, court order, civil procedure, civil procedural law, justices of the peace, securing a claim
Короткий адрес: https://sciup.org/170209351
IDR: 170209351 | DOI: 10.24412/2500-1000-2025-5-2-123-128