Abstract

The article is devoted to the judicial review procedural features of applications for performance fee relief. Attention is drawn to the lack of unified requirements for the procedural form, legal proceeding types, remedies, statutes of limitation and the specifics of consideration of such applications. In addition, courts and scientific community present different variants of the rules application for performance fee relief. The author makes a conclusion about varying degrees of debtor`s rights protection, that unreasonably depends on the chosen type of legal proceedings. Meanwhile, the article proposes to create a unified, clear legal framework that excludes the usage of the law analogy, and it emphasises the need for clarification of procedural features at the level of the Supreme Court of Russia. Finally, the author gradually structures the procedural model for considering an application for performance fee relief, containing recommendations on the time limits for applying to the court, an appropriate remedy and other specifics of considering such disputes.

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