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The Dynamism of Civil Procedure
PROBLEMS OF CIVIL PROCEDURE
Doctor of Legal Sciences, Dean of the Faculty of Personnel Administration
and Civil Service and Head of the Department for Legal Support of Civil Service
of the Institute of Public Administration and Civil Service of the Russian Presidential
Academy of National Economy and Public Administration
The article is devoted to the study of the concept of dynamism of civil proceedings. The author explores, describes and explains the basic elements of this concept; turns to question of the need to ensure proper time for consideration and resolution of civil cases. The article shows the negative consequences of delaying the deadlines and excessive slowness of civil procedure. The article explores the principle of the need to ensure the protection of human rights in the context of the dynamic of civil proceedings. The author enumerates the factors that determine the increase in the duration of legal proceedings in civil cases and have a negative impact on its dynamism, suggests the division of these factors into positive and negative ones. The article describes the measures necessary to ensure, maintain and properly increase the dynamism of civil procedure. The article explores the question of the feasibility and possibility of establishing formal guarantees for the proper duration of civil procedure. The author shows complex criteria for the dynamism of civil proceedings.
Keywords: civil procedure; arbitration procedure; dynamism of civil procedure; theory of civil procedure; theory of civil law; procedure; legal procedure; terms in procedure; reasonableness of term.
Amirapu A. Justice Delayed is Development Denied: The Effect of Slow Courts on Economic Outcomes in India (http://www.ideasforindia.in/article.aspx?article=Justice-delayedis- development-denied-The-effect-of-slow-courts-on-economic-outcomes-in-India). Andrews N. English Civil Procedure: A Synopsis. Ritsumeikan Law Review, 2008, no. 25.
Anyebe P.A. Towards Fast Tracking Justice Delivery in Civil Proceedings in Nigeria. In Azinge E., Dakas C.J. (eds.). Judicial Reform and Transformation in Nigeria: A Tribute to Hon. Justice Dahiru Musdapher, GCON, FNIALS, Chief Justice of Nigeria. Nigerian Institute of Advanced Legal Studies, 2012.
Belli M.M. The Law’s Delays: Reforming Unnecessary Delay in Civil Litigation. Journal of Legislation, 1981, vol. 8(1).
Information about the author
Kireeva E.Yu. (Moscow, Russia) – Doctor of Legal Sciences, Dean of the Faculty of Personnel Administration and Civil Service and Head of the Department for Legal Support of Civil Service of the Institute of Public Administration and Civil Service of the Russian Presidential Academy of National Economy and Public Administration (119571, Moscow, Vernadsky Av., 82, Bldg. 1; e-mail: email@example.com).
Kireeva E.Yu. Dinamichnost’ grazhdanskogo protsessa [The Dynamism of Civil Procedure]. Вестник гражданского процесса = Herald of Civil Procedure, 2018, no. 2, p. 81–104. (In Russian) DOI: 10.24031/2226-0781-2018-8-2-81-104