Herald of Civil Procedure
EN
main-photo

We in a citing index:

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

THE FUTURE OF CIVIL PROCEDURE


A.V. SOROKOPUD

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

Bannikov I.A. The Principle of the Justice Administration by Courts Alone in Civil Proceedings:
Thesis for a Candidate Degree in Law Sciences. Moscow, 2017. (In Russian)
Borisova E.A. Decrease of Judicial Caseload Is Put at the Head of Procedural Legislation
Transformations. URL: http://www.garant.ru/interview/1144157/.
Borisova E.A. Summary Proceedings in Civil Proceedings: International Legal Standards,
Foreign and Russian Experience. Law, 2017, no. 7. (In Russian)
Chechot D.M. Subjective Right and Forms of Its Protection. Leningrad: Publishing
House of Leningrad University, 1968. (In Russian)
Dobrovolsky A.A. (ed.). Soviet Civil Procedure: Textbook. Moscow: Publishing House
of Moscow University, 1979. (In Russian)
Efimova Yu.V. Specialization of Civil Procedure Practice: Thesis for a Candidate
Degree in Law Sciences. Saratov, 2005. (In Russian)
Gromoshina N.A. Differentiation and Unification in Civil Proceedings: Thesis for
a Candidate Degree in Law Sciences. Moscow, 2010. (In Russian)
Gromoshina N.A. Writ Proceedings as an Instrument to Optimize Civil Procedure.
Laws of Russia: Experience, Analysis, Practice, 2017, no. 5. (In Russian)
Malko E.A. On Creation of the Concept of a Civil Remedial Policy as Bases for Development
of the Civil Remedial Legislation. Arbitration and Civil Procedure, 2010, no. 7.
(In Russian)
Malyshkin A.V. Features of Presentation of Evidence in Cases Referred to Summary
Proceedings: Integration of General and Uninvited Procedural Forms. Herald of Civil
Procedure, 2019, no. 1. (In Russian)
Osokina G.L. Civil Procedure. Special Part. Moscow: NORMA, 2007. (In Russian)
Papulova Z.A. Simplified Forms of Consideration of Cases in Civil Proceedings.
Moscow: Infotropic Media, 2014. (In Russian)
Razdyakonov E.S. Revisiting the Writ Proceedings in Arbitration Procedure. Arbitration
and Civil Procedure, 2016, no. 11. (In Russian)
Redkikh S.V. On the Lacunas in Legislative Regulation of Writ Proceedings. Arbitration
and Civil Procedure, 2013, no. 2. (In Russian)
Rusinova E.R. Some Reflections on the Procedural Law Reform from the Standpoint
of the Judicial Protection Availability Principle. Arbitration and Civil Procedure,
2017, no. 12. (In Russian)
Sakhnova T.V. The Course of Civil Procedure. 2nd ed. Moscow: Statut, 2014. (In
Russian)
Shadlovskaya O.D. Justice Simplified Civil Procedure Form in Civil Proceedings:
Concept and Attributes. Arbitration and Civil Procedure, 2015, no. 8. (In Russian)
Sherstyuk V.M. Modern Problems of Civil and Arbitration Proceedings: Digest of
Articles. Moscow: Statut, 2015. (In Russian)
Sherstyuk V.M. The Transition from Quantity to Quality in Civil Procedure Law.
Herald of Civil Procedure, 2016, no. 1. (In Russian)
Shpak V.V. Optimization of Writ Proceedings. Eurasian Advocacy, 2016, no. 6(25).
(In Russian)
Sivak N.V. Summary Proceedings in Arbitration Procedure: Monograph. Moscow:
Prospekt, 2011. (In Russian)
Smagina E.S. Applying of Information Technologies as an Alternative to Large-
Scale Changes of Civil Procedural Legislation Aimed at Increasing the Efficiency of
Civil Procedure and Optimizing the Judicial Caseload. Herald of Civil Procedure, 2018,
no. 1. (In Russian)
Smagina E.S. New Rules for Publication of Judicial Acts on the Internet in View of
the Publicity Principle Implementation in Civil Proceedings. Arbitration and Civil Procedure,
2018, no. 1. (In Russian)
Sorokopud A.V. Fundamentals of the Legal Status of an Assistant Judge (der Rechtspfleger)
in Civil Proceedings in Germany. Russian Judge, 2019, no. 5. (In Russian)
Tumanov D.A. Yet Again on Whether a Judicial Writ Is an Act of Justice, or Reflections
on the Justice’s Nature. Laws of Russia: Experience, Analysis, Practice, 2016, no. 9.
(In Russian)
Voronov A.F. Civil Procedure: The Evolution of Optionality. Moscow: Statut, 2007.
(In Russian)
Yarkov V.V. Procedural Reform Project: Quo Vadis? Arbitration and Civil Procedure,
2017, no. 12. (In Russian)
Zhilin G.A. The Goals of Civil Proceedings and Their Implementation in the Court
of the First Instance: Thesis for a Candidate Degree in Law Sciences in the Form of
a Scientific Report. Moscow, 2000. (In Russian)

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;
e-mail: sorokopud.lawyer@gmail.com).

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

 el_.png   it_.png   book.png

Keywords