Решение, принятое по делу в рамках упрощенного производства

Abstract

The article highlights the peculiarity of the rules for making a decision by the court according to the rules on simplified proceedings, notes the incompleteness in this regard, begun in 2016, of the reform of the civil procedure legislation, which negatively affects the application of the procedure under consideration. In the research, the author focuses on the court decision made as a result of the consideration of a civil case in a truncated form in connection with the likely consequences of its cancellation. Research results. Arguments are given for the need for legislative consolidation of the preparation of a decision in full, including the reasoning part, as a general mandatory rule of a simplified procedure. The article substantiates the motivation as an integral and inextricably linked with other procedural institutions property of a court decision. A critical assessment of the grounds for preparing a reasoned decision is given. The law-making activity of the Supreme Court of the Russian Federation is noted, which negatively affects the stability of the state system. The conclusion is formulated that the approach to the preparation of a reasoned judicial act does not correspond to the established goals of improving legislation, the essence of simplified procedures. There is an indissoluble connection between the rules of consideration of the case in a simplified procedure by the court of first instance and consideration of the complaint by the court of appeal. The article presents the judicial practice, revealing the content of the grounds for annulment of the court decision. There is a need to differentiate the powers of the court of appeal, depending on the basis of the cancellation of the court’s decision. Discussions and conclusions. Recommendations for further improvement of the civil procedure rules on simplified proceedings in terms of the rules for making a court decision, as well as the grounds and procedure for its cancellation, have been developed.