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Consideration of Cases through simplified Procedures in the Commercial Court

ФИО студента: Dmitriy Olenin

Руководитель: Liubov A. Prokudina

Кампус/факультет: Faculty of Law

Программа: Lawyer in the Sphere of Justice and Law Enforcement (Master)

Год защиты: 2019

This paper is aimed at examining the methods and limits of the simplification of an arbitration procedural form, the essence and characteristics of simplified procedures of cases consideration in courts that applied in the arbitration process in Russia. The main objectives of this study are: 1) consideration of the basic theoretical concepts and views on the nature of the simplified judicial procedures; 2) determining the dynamics of the development of simplified judicial proceedings in civil procedure in Russia; 3) the research of methods that legislator uses to simplify the legal procedure in court and the identification of the limits of such methods’ application. The paper consist of an introduction, four chapters, a conclusion and a bibliography. The paper contains the consideration of the evolution of simplified procedures in the domestic civil process, the formulation of the main methods for simplifying the civil process and an algorithm that allows to determine the limits beyond which the simplified procedure in court ceases to comply with the attributes of justice. Comparative, historical and formal legal methods were used preparing the paper. Based on this research the following conclusions were made: 1) judicial statistics and recent legislative innovations indicate that simplified proceedings gradually become standard judicial procedures, while the lawsuit procedure begins to constitute a complication of the ordinary procedure; 2) the presence of «indisputability» in the requirements considered in simplified proceedings is not always identical to the absence of a dispute about the right in the material sense; 3) analogues of modern simplified procedures appeared in the domestic process in the second half of the XIX century; 4) using the algorithm formulated in the paper there were found several signs in warrant proceedings that indicate about the impossibility of identifying this activity of court with the administration of justice.

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