SETTLING CIVIL DISPUTES IN COURT BASED ON SIMPLIFIED PROCEDURE

According to the ordinary procedure, the time duration for a case proceeding can be extended from 4 to 8 months; therefore, subjectively the judge who is assigned to settle the case does not necessarily determine the type of case involving simple facts or the clear legal relationship to deal with promptly; consequently, the simplified procedure which was specified in the Civil Procedure Code 2015 has fulfilled that task. However, by examining the new provisions on the simplified procedure, the author realizes that there are certain limitations. In this paper, the author assesses the real state of law restrictions in practice, and then applies the methods of synthesis, analysis, comparison and evaluation in order to make proposals for the perfect law based on the view of the Party and the State on the strategies of judicial reform. The proposals can be both applied effectively in judicial work and used as reference sources for law students and for teaching.

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The Principle of Verbality in Simplified Civil and Administrative Proceedings

RUSSIAN JUSTICE ◽

10.37399/issn2072-909x.2020.10.70-77 ◽

2020 ◽

Vol 10 ◽

pp. 70-77

Author(s):

I. I. Tolmacheva ◽

Keyword(s):

General Procedure ◽

Civil Procedure ◽

The Real ◽

Civil Process ◽

Civil Cases ◽

Simplified Procedure ◽

Administrative Proceedings

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.

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JUDICIAL REFORM OF THE LATE 20TH – EARLY 21ST CENTURIES IN RUSSIA

Herald of Civil Procedure ◽

10.24031/2226-0781-2021-11-5-191-221 ◽

2021 ◽

Vol 11 (5) ◽

pp. 191-221

Author(s):

V.M. ZHUIKOV

Keyword(s):

Russian Federation ◽

Major Change ◽

Civil Procedure ◽

Judicial System ◽

Judicial Reform ◽

Federal Law ◽

Current Trends ◽

Procedure Code ◽

The Russian Federation ◽

Civil Cases

The author analyzes the reform of the Russian legislation regulating the activity of courts for consideration of civil cases, the reform, which began in the 1990s and continues to this day. Highlights the main stages of the reform related to the adoption of the Constitution of the Russian Federation 1993, changes in the judicial system, with the adoption of the Commercial Procedure Code of the Russian Federation in 1992, 1995, 2002, with a major change of Civil Procedure Code of the RSFSR 1964 and the entry into force of the current Civil Procedure Code of the Russian Federation, 2002. In addition, the author calls the current trends in the development of procedural legislation, including reforms made by Federal Law of 28 November 2018 No. 451-FZ.

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Constitutional Principles of Contractual Representation in Ukraine: Problems of Theory and Practice

Journal of Advanced Research in Law and Economics ◽

10.14505//jarle.v10.3(41).33 ◽

2019 ◽

Vol 10 (3) ◽

pp. 948

Author(s):

Vadym TSIURA ◽

Susanna SULEIMANOVA ◽

Oleksandr SOTULA ◽

Vita PANASIUK ◽

Volodymyra DOBROVOLSKA

Keyword(s):

Civil Procedure ◽

Civil Code ◽

Theory And Practice ◽

Legal Doctrine ◽

Legal Method ◽

Current State ◽

Legal Relationship ◽

Procedure Code ◽

The Will ◽

Theory Of Law

The research is devoted to the issue of the nature and essence of the contractual representation as a legal relationship and a constitutional principle.The current understanding of the institution of representation in the context of the provisions of the Code of Civil Procedure of Ukraine and the Civil Code of Ukraine is ambiguous and this problem needs to be solved. In order to determine the true meaning of the legal institute of representation, the authors of the article made an attempt to study it through the lens of the norms of the current constitution of Ukraine.The methods of scientific research, used by the authors are the analysis, the synthesis, the deduction and induction,the comparison-legal method. All these methods in their convergence made it possible to find out the current state of the existing legislation and legal doctrine in the context of contractual representation and to offer the authors’ own vision of directions of improvement of the studied legal institute.In the result of the study the authors made a conclusion that a contractual representation is a kind of representation, arising out of a contract or other act that underlies the will of the person represented (the principal) and the person representing (the attorney) and the agreement between them. It is important for both the practice of law and the theory of law that the understanding of the essence of the said institute and the approaches to regulating relations of representation in the Civil Code and in the Civil Procedure Code be the same.

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The civil procedure principles as the essential basis for undisputed enforcement of obligations

SHS Web of Conferences ◽

10.1051/shsconf/20185101011 ◽

2018 ◽

Vol 51 ◽

pp. 01011

Author(s):

Andris Pesudovs

Keyword(s):

Civil Procedure ◽

Legal Principles ◽

Legal Relationship ◽

Simplified Procedure ◽

The Right ◽

Judicial Protection ◽

To Receive ◽

Legal Consequences

Not always are a legal transaction and the legal consequences thereof limited to complete and voluntary fulfilment of the mutual obligations of the parties. In cases when a commitment has not been fulfilled, there is an option for a creditor to request for judicial protection in order to prove substantiality of his claim and to receive confirmation to his right to recover the debt in a form of court judgment. However, in the civil legal relationship such impairment of a right is possible which exists outside the dispute regarding the right. A debtor fails fulfilling his obligation and not denies doing it. In such circumstances, notwithstanding recognition of the debt, in order to achieve compulsory execution of the obligation, a document to be enforced is also needed. Provided the type of transaction allows establishing of such type of legal consequences, simplified procedural arrangements may be applied, and restricted principle of contest may result in the possibilities of procedural economy being exercised. Admissibility of such procedural possibility also inevitably activates the discussion regarding what the preconditions of the simplified procedure are and how the simplified procedure of establishing the debtor's obligation can be consistent with protection of his rights. The article focuses on the procedural legal principles, which are involved in the alternative to claim proceedings action of the expedited proceedings and the mutual coherency thereof. Attention is also paid to the form of the transaction and significance thereof in the simplified proceedings.

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LIMITACIONES Y PRINCIPALES RETOS DE LA ORALIDAD CIVIL EN EL SISTEMA JUDICIAL PERUANO

SCIENTIARVM ◽

10.26696/sci.epg.0122 ◽

2015 ◽

Vol 1 (1) ◽

pp. 3-6

Author(s):

GELBER RAMIREZ CUEVA ◽

◽

GERALDINE CHAVEZ SALINAS ◽

Keyword(s):

Key Words ◽

Civil Law ◽

Civil Procedure ◽

Law Students ◽

Judicial System ◽

Procedure Code ◽

El Sistema

ABSTRACT: The article presented contains an analysis of the main challenges that the implementation of the Civil Oral Litigation model in the Peruvian Judicial System represents, through the identification of recurrent challenges previously identified through the 1993 Civil Procedure Code, as well as the description of some possible limitations of the Peruvian Judicial System; to conclude with recommendations and practical actions to be taken by magistrates, lawyers and law students, as well as politicians, legislators and academics in the area. Key words: Oral litigation, Civil Law, civil reform.

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APPEAL PROCEEDINGS: HISTORY, THEORY, PRACTICE

Herald of Civil Procedure ◽

10.24031/2226-0781-2021-11-5-107-139 ◽

2021 ◽

Vol 11 (5) ◽

pp. 107-139

Author(s):

E.A. BORISOVA

Keyword(s):

Civil Procedure ◽

Appellate Court ◽

Judicial Reform ◽

Procedural Law ◽

Judicial Practice ◽

Procedure Code ◽

Complex Approach ◽

The Russian Federation ◽

Court Of Appeal ◽

Made In

History, theory, and court practice are the basis of judicial reform. If the Civil Procedure Code of the Russian Federation was created considering this with, but subsequent changes of the procedural law show the opposite. Changes of procedure in the appellate court are not an exception, and that is why for the last 10 years theoretical and practical problems of appeal proceedings have existed. The article aims to draw attention to the reasons of occurrence of these problems; mistakes made in the course of its solution; ways of error correction with due regard for experience of Russian civil procedure, achievements of the civil procedure doctrine, needs of Russian judicial practice; necessity of complex approach in reforming proceedings in the court of appeal instance.

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