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Summary and Full Proceedings in Civil Procedure: a Comparative Analysis

Student: Ermolaeva Anna

Supervisor: Vitaly Fedorov

Faculty: School of Law

Educational Programme: Advocacy (Master)

Year of Graduation: 2018

In the course of this study, the author has conducted a comparative analysis of full and simplified legal proceedings with regard to their regulatory regulation, application practices and implications for the civil process and justice in general for the civil procedure and arbitration in general. The research topic is most relevant in the light of the civil procedural legislation that is gaining momentum, affecting most of the procedural institutions and norms. The author studies the tendency to simplify the civil procedural form, the consequences of such reform and the most pressing problems faced by law enforcement and human rights practices. In the course of the research, the author analyzes the concept, purpose and significance of full and simplified proceedings, explores the features that distinguish the simplified procedure from the full one, and also studies the mechanisms for approbation and borrowing of the simplification tools in a full procedural form. According to the results of the study, the author came to the conclusion that, on the whole, the desire of the legislator to simplify the civil procedural form is a legitimate and logical consequence of the increasing judicial burden in the context of access to justice. The practice of applying provisions on simplified production testifies to the interest of the courts and participants in the process in its application, which increases as the legal norms regulating this institution improve. In conclusion, the author notes that the desire of the state to optimize, speed up, simplify the civil process, reduce the judicial burden and reduce the cost of legal proceedings is obvious and justified and directs the legislator to reform, but it should not be allowed that simplified production will become a "purely formalistic" form of the process , which does not take into account the consequences of its influence on adjacent procedural institutions.

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