ИССЛЕДОВАНИЕ ПРОЦЕССУАЛЬНОЙ ФОРМЫ УПРОЩЕННОГО СУДОПРОИЗВОДСТВА В КОНТЕКСТЕ ПРОБЛЕМЫ РЕАЛИЗАЦИИ ПРИНЦИПА ПРОЦЕССУАЛЬНОЙ ЭКОНОМИИ

Abstract

The search for an optimal balance between the result of legal proceedings and the way to achieve it is currently one of the most important areas of development of procedural legislation. In this regard, there is a need to use not only the general procedure for the consideration and resolution of cases, but also a special one, which contributes to the rational simplification and acceleration of procedures. In this sense, the study of the procedural form used in the claim and simplified proceedings is of particular value. The author comes to the conclusion that in simplified proceedings, a truncated procedural form is used, which is characterized by such manifestations of procedural economy as the absence of a preliminary meeting, summoning the parties to a court session, the prohibition of the court’s examination of evidence provided in violation of deadlines, making a decision without a reasoned part, etc. It is noted that the effectiveness of arbitration proceedings should not be achieved by violating the fundamental principles of civil proceedings. In conclusion, the author concludes that the procedural form should be defined as a system of scientifically grounded, normatively defined conditions of effective and correct resolution of civil cases, determined by legal relations to be protected.