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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| Format: | Article |
| Language: | English |
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Institute of Modern Humanitarian Researches
2025-07-01
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| Series: | Studia Humanitatis |
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| Online Access: | https://st-hum.ru/en/node/1419/ |
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| _version_ | 1839610186897031168 |
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| author | Ibraimova Evelina Serverovna |
| author_facet | Ibraimova Evelina Serverovna |
| author_sort | Ibraimova Evelina Serverovna |
| collection | DOAJ |
| description | 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. |
| format | Article |
| id | doaj-art-92dda8a8032c457cae6aa0783aea4ca1 |
| institution | Matheson Library |
| issn | 2308-8079 |
| language | English |
| publishDate | 2025-07-01 |
| publisher | Institute of Modern Humanitarian Researches |
| record_format | Article |
| series | Studia Humanitatis |
| spelling | doaj-art-92dda8a8032c457cae6aa0783aea4ca12025-07-29T17:57:31ZengInstitute of Modern Humanitarian ResearchesStudia Humanitatis2308-80792025-07-012Problems of order proceedings in civil proceedingsIbraimova Evelina Serverovna0Crimean branch of Russian State University of Justice named after V.M. Lebedev (Simferopol)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.https://st-hum.ru/en/node/1419/order proceedingsjusticecourt ordercivil procedureclaimantdebtorruling of the constitutional court of the russian federationproblems of order proceedingssolutionsimprovement of legislation |
| spellingShingle | Ibraimova Evelina Serverovna Problems of order proceedings in civil proceedings Studia Humanitatis order proceedings justice court order civil procedure claimant debtor ruling of the constitutional court of the russian federation problems of order proceedings solutions improvement of legislation |
| title | Problems of order proceedings in civil proceedings |
| title_full | Problems of order proceedings in civil proceedings |
| title_fullStr | Problems of order proceedings in civil proceedings |
| title_full_unstemmed | Problems of order proceedings in civil proceedings |
| title_short | Problems of order proceedings in civil proceedings |
| title_sort | problems of order proceedings in civil proceedings |
| topic | order proceedings justice court order civil procedure claimant debtor ruling of the constitutional court of the russian federation problems of order proceedings solutions improvement of legislation |
| url | https://st-hum.ru/en/node/1419/ |
| work_keys_str_mv | AT ibraimovaevelinaserverovna problemsoforderproceedingsincivilproceedings |