Writ proceedings in civil procedure: some problems and tendencies of development.

Аннотация

The article considers the writ proceedings as a simplified form of resolution of civil cases in courts of general jurisdiction, aimed at optimizing justice. To date, the issue of the effectiveness of writ proceedings is relevant, as the analysis of law enforcement practice demonstrates a number of problems associated with the procedure of issuing a court writ, its issuance and revocation. The authors have identified controversial aspects of writ proceedings, expressed by insufficient legislative regulation, requiring clarification or amendments to the current norms of civil procedure legislation, and the difficulties of implementation of writ proceedings in practice (procedural activity of courts and bodies carrying out the enforcement of court writ). The advantages distinguishing the court order for the fulfillment of the main objective of justice — the protection of legitimate rights and interests, are considered. The authors have formulated proposals for improvement of the current procedural legislation, allowing to eliminate the shortcomings of the writ proceedings. These include the legislative fixation of the provision that a court writ can be canceled only for a number of clearly defined reasons, the establishment in the legislation of a prohibition to resubmit an application for issuance of a court writ with the same requirement if such first requirement was rejected or if the debtor objects to the court writ.