INDISPUTABLE PROCEEDINGS IN THE CIVIL PROCESS OF RUSSIA - A PHENOMENON OF PROCEDURAL LAW

Abstract

The article deals with the problem of the so-called “indisputable” cases resolved within the framework of special proceedings in civil proceedings. It was revealed that some of them have signs of a dispute about civil law, which is why they should be considered according to the rules of action proceedings. Thus, the cases of refusal to perform a notarial act, of a committed notarial act, seem to the author to be disputable due to the public law function implemented by the bodies of the notary. The presence of two parties with opposing interests characterizes cases of deprivation and limitation of legal capacity of a citizen, cases of adoption (adoption) of a child. At the same time, certain categories of civil cases related to the establishment of facts of legal significance, for the purpose of procedural economy, are proposed to be transferred to notaries. The idea of the indisputable nature of proceedings in cases of contesting the decisions of arbitration courts and the issuance of writ of execution against the decision of arbitration courts is substantiated, it is proposed to consider them according to the rules of special proceedings.