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The Problems of Summary Procedure in Civil and Arbitral Proceedings of the Russian Federation

ФИО студента: Karina Bogdanova

Руководитель: Margarita Pavlova

Кампус/факультет: Faculty of Law

Программа: Jurisprudence (Bachelor)

Год защиты: 2018

The subject of the study is the institute of summary procedure as a tool of improvement of the accessibility and effectiveness of justice. The author analyses the essence of the simplified procedure institute, its defenition, charateristic features and distinctions. There is an ambiguous approach to the definition of the simplified procedure in the civil and commercial processes due to the lack of legislative consolidation of this defenition. The term of the simplified procudure is determined in the Resolution of the Plenum of the Supreme Court of the Russian Federation of April 18, 2017 No. 10. Different approaches to the definition of features of the simplified procedure, as well as specifities of this institution are considered. The key problems of simplified procedure in the civil and commercial proceedings are considered through the prism of the unification of judicial proceedings, the allowable limit of simplification of procedures, the implementation of the institute from one type of process to another, etc. The latest legal acts regulating the effect of summary procedure are also subjected to critical analysis. In conclusion the author сlaims that it is necessary to reform and modernize this institution or to search for alternative procedures to the summary procedure.

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