Особенности режима обжалования определений судов в гражданском судопроизводстве

Abstract

The work is devoted to the study of legislative and law enforcement restrictions on challenging individual court rulings. It has been established that legal facts, including deadlines, and subjective rights are used as means of legal regimes in this case, in particular. These funds have a significant stimulating or disincentive effect on participants in the proceedings. In addition, the lack of legal regulation may have an impact on the participants in the process. As an example, the article considers the appeal of the ruling on the abandonment of the statement of claim without motion and on the transfer of the case by jurisdiction. The author comes to the conclusion that today there is a regime of unfavorable appeal of court rulings. As a result, there are abuses of the participants in the process, red tape on the part of the court. The solution to these problems is the establishment of disciplining and enforceable deadlines on the part of the participants, taking into account the interests of the participants in the formulation of their rights, as well as individual legal structures.