Principals Peculiarities Of Procedural Law In Summary Proceedings

Abstract

Summary proceedings in civil processes in the Civil Procedural Code (CPC) take place in the section on claim proceedings. The proceedings are based on the filling of a lawsuit, in contrast to writ or special proceedings. Action proceedings are made by the same rules with the exceptions provided by the law. The decision is canceled exclusively on appeal. The court order is canceled as soon as the debtor writes a statement in time about its cancellation. In the process of action development, which provides the improvement of summary proceedings, the author focused on the stage of initiating civil proceedings. The primary task at the stage of accepting a claim or other statement is the correct type determination of legal proceedings, the solution of which shows ambiguity in providing the civil process participants with the freedom to change the type of proceedings independently. According to the author, the controversy is not caused by the number of criteria that determine the possibility of summary proceedings, but by the quality of the rights and duties realization of the participants in the process when initiating an application of summary proceedings for case consideration and solution. Defining the procedure for consideration and solution of civil cases in the form of summary proceedings, which are proposed to be truncated, the author discloses the topic of evaluating the effectiveness of procedural means of minimizing temporary resources, the purpose of which is to improve the quality of justice and reduce the burden on arbitration and general jurisdiction courts.