Order proceedings as a simplified form for the consideration of civil cases

Abstract

This paper highlights some relevant issues related to the consideration of civil cases in order proceedings. In particular, the procedure for the consideration of civil cases in a simplified form is defined; features of the order production are defined and certain conclusions are outlined. The article deals with the current problem of today, because qualitative and quick justice of violated subjective rights needs a separated study, as the process of proving in order proceedings is simplified. The judge issues a court order without a court hearing and calling the members of the case . The author also studies the legal nature, shortly explores the history of order proceedings and analyzes the theoretical material for the separation of certain features, which are inherent only for this legal institution of civil procedural law. In this article the features of order proceedings and court order are revealed as an individual procedural document, which has a certain form and content. Moreover, the author points out his attention on the terms, which are presented in the order proceedings. The process of refusal of the statement for extradition, contestation and cancellation of a court order is traced. The notification procedure of the debtor about the court order is also analyzed in this article. The protection procedure of collector and debtor subjective rights and the issuance mechanism, the contestation and set of the legal force of court order are revealed in the article. The main features of order proceedings, which are inherent only in this type of proceedings are selected. Order proceedings are characterized by simplified court procedure, because the parties are not notified about the court hearing, the judge takes into account only written and electronic evidences. Based on these evidences, the judge issues a court order, which in its turn is determined in a quick contestation, cancellation or setting of the legal force of court order. The court decision depends on qualitative foundation and added evidence. The moment of proving for the debtor begins after the proper receiving of court order copy, if he wants to challenge it. For this purpose, the main features are identified by the author, the procedure of order proceedings and substantiated statement are described because the order proceedings refers to a simplified form of justice in the civil cases.