Problems of order proceedings in civil proceedings
The paper examines the main provisions concerning the order procedure in civil proceedings. The author examines the significance and goals of order proceedings in the modern judicial system. The meaning and purposes of the order procedure in the modern judicial system are examined. The essence of th...
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| Main Author: | |
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| Format: | Article |
| Language: | English |
| Published: |
Institute of Modern Humanitarian Researches
2025-07-01
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| Series: | Studia Humanitatis |
| Subjects: | |
| Online Access: | https://st-hum.ru/en/node/1419/ |
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| Summary: | The paper examines the main provisions concerning the order procedure in civil proceedings. The author examines the significance and goals of order proceedings in the modern judicial system. The meaning and purposes of the order procedure in the modern judicial system are examined. The essence of the judicial act issued for this type of proceedings is considered, and also is studied its definition enshrined in law. The position of the Constitutional Court of the Russian Federation is studied. Some current problems existing in this area, their analysis and ways to solve them are proposed. The problems include the insufficient regulation of this type of proceedings by law, the waste of time on correcting errors and typos in the court order, failure to meet the deadlines for sending a copy of the order to the debtor and for the debtor to submit objections, improper notification of the parties, the debtor being aware of the initiation of the order proceedings only after the court order has been issued against him, etc. A conclusion has been made about the most important solution to the problems existing in this area, improving the legislation of the Russian Federation in terms of order proceedings, since some aspects of the topic under consideration are not regulated by law, certain problems arise in practice and some provisions in the civil procedural legislation are completely absent. |
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| ISSN: | 2308-8079 |