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ON THE LEGAL NATURE OF WRIT AND SUMMARY PROCEEDINGS IN CIVIL PROCEDURE IN VIEW OF THE SEARCH FOR WAYS TO OPTIMIZE THE JUDICIAL CASELOAD

ON THE LEGAL NATURE
OF WRIT AND SUMMARY PROCEEDINGS IN CIVIL PROCEDURE
IN VIEW OF THE SEARCH FOR WAYS TO OPTIMIZE
THE JUDICIAL CASELOAD

A.V. SOROKOPUD,
Postgraduate Student of the Department of Civil Procedure of the Law Faculty
of Lomonosov Moscow State University,
Attorney

DOI: 10.24031/2226-0781-2019-9-5-186-204

The goal of optimizing the judicial caseload cannot be achieved by further simplifying the rules
of civil proceedings. Ways for high judicial caseload problem solving should be looked for in
changes in the organizational side of the judicial practice. The author proposes to significantly
improve the legal status of an assistant judge. The maximum simplification of the procedure for
issue a judicial writ and the indisputable essence of claims in cases of writ proceedings, specificity
of consideration of civil cases through summary proceedings, the relative simplicity of such cases,
but at the same time, their mass character are prerequisites for provision an assistant judge
competence for the consideration of civil cases through writ and summary proceedings. The
legal regulation of these institutions does not comply with a number of principles of the civil
process. Such judicial practice is essentially not justice, considering the substantial exemptions
from the civil procedural form during the issuance of judicial writ and the consideration of cases
through summary proceedings. In this regard the proposed legislation changes do not contradict
the constitutional principle of the justice administration by courts alone. This way of optimizing
the judicial caseload will not lead to a reduction in the quality and efficiency of the protection
of the rights and legitimate interests of the persons participating in the case.

Keywords: assistant judge; writ proceedings; summary proceedings; justice; civil proceedings;
judicial caseload; judicial authority.

References

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Information about the author

Sorokopud A.V. (Moscow, Russia) – Postgraduate Student of the Department of
Civil Procedure of the Law Faculty of Lomonosov Moscow State University, Attorney
(1 Leninskie Gory, Bldg. 13 (4th education building), GSP-1, Moscow, 119991, Russia;

Recommended citation

Sorokopud A.V. On the Legal Nature of Writ and Summary Proceedings in Civil Procedure
in View of the Search for Ways to Optimize the Judicial Caseload. Herald of Civil
Procedure, 2019, vol. 9, no. 5, p. 186–204. (In Russian) https://doi.org/10.24031/2226-
0781-2019-9-5-186-204

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A.V. SOROKOPUD