Abstract

The article deals with certain problematic issues of cases in warrant. In particular, some difficult moments were noted when applying to the court with a claim against several debtors, with a claim to recover the principal amount of the debt and forfeit. Attention is paid to the competition between cases in warrant and simplified (contentious) proceedings. The accent is made on the comparison of controversial and indisputable claims in court. The analysis used judicial practice, as well as decisions of the Plenum of the Supreme Court of the Russian Federation. The purpose of the analysis is to show that in the cases in warrant situations often arise that require a thorough legal qualification of the person concerned. This means that interested parties may need the help of a lawyer (representative). However, the procedural law did not provide for the possibility of collecting from the debtor the costs of paying the representative in cases in warrant. It is proposed to eliminate this lack of legal regulation.

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