Consideration of Non-Property Claims in Simplified Proceedings

Abstract

Based on the materials of judicial practice of arbitration courts and courts of general jurisdiction, the application of the provisions of Part 7 of Article 227 of the APC of the Russian Federation and Part 6 of Article 232.2 of the CPC of the Russian Federation is analyzed, according to which non-property claims submitted together with claims arising from civil legal relations and related to the category of cases subject to mandatory consideration in the said procedure are subject to consideration in simplified proceedings. The study was undertaken in order to establish the orientation and effectiveness of these norms in terms of the result pursued by the legislator, fixing this rule, identifying law enforcement problems. The methodological basis of the article consists of general scientific (analysis, synthesis, analogy, description, system) and private scientific methods (comparative legal, formal legal). In the course of the study, the purpose of this legal provision is outlined, the absence of its uniform application in civil and arbitration processes is stated, the reasons for the law enforcement difficulties encountered by the courts are substantiated. In conclusion, proposals are made to improve the norms in order to increase their effectiveness and achieve uniformity in judicial practice.