Summary Proceedings in Civil Procedure of Russia and Foreign Countries

One of the most priority directions of the development of a modern procedural legislation is looking for ways of the procedure’s optimization in order to enhancing of justice availability. Among possible options of simplifying of the civil procedure a particular importance is given to implementation of the summary proceedings. The purpose of this paper is studying of a legal nature of the summary proceedings acting in arbitrazh and civil processes of the Russian Federation and forms of the summary proceedings existing in foreign countries. In a study historical and theoretical basis of the summary proceedings in Russian civil procedure were examined. The results of the study have shown that prototypes of modern summary proceedings were known to domestic legislation at different stages of its development. In a modern Russian civil procedure a court order procedure and summary procedure relate to the summary proceedings. Other than that, forms of the summary proceedings in civil procedure of foreign countries were examined. The results of the study have shown that the notion of simplifying of the civil procedure through imposing of the summary proceedings finds its development at both domestic and transnational levels. Among the summary proceedings in foreign countries can be named the court order procedure (the CIS countries), small claims procedure (China, Japan), summary procedure (England, Latin American countries) and a payment order (Germany).