An Institute of Court Orders in Civil and Arbitrazh Process: Comparative Analysis

Qualification of legal nature of court orders institute meets a number of problems. The term «court order» which is used in the article 62 of the Civil Procedure Code of the Russian Federation and in the article 73 of the Arbitrazh Procedure Code of the Russian Federation does not have a definition and legal regulation of this institute of the institute has not changed since 60 years of the last century, despite of needs of civil trials. The research examines positions of doctrine and legislation on the determination of the term «court order» as an instrument providing court interaction. Further, the author represents a legal nature of the analyzing institute that still being a matter of doctrinal discussion. Thus, discussion of court orders institute raises a question of what actions could be formalized with this procedural tool. According to the doctrinal position of the author of this paper, there is a number of actions court orders institute could be used to realize. The description of views of scientists towards the legal nature of court orders is presented in the research and there has been made a preliminary finding that legislation regulating court orders institute requires serious alterations.