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Simplified proceeding as a civil procedure model
Authors: Олексій Юрійович Зуб
Number of views: 548
Currently the directions for the development of modern civil procedural law such as optimization,
facilitation, forwarding proceedings promoting the increase of the civil procedure efficiency factor are
of peculiar importance. Their results are occurrence and functionality of simplified proceedings system
designed to facilitate significantly hearing some categories of cases, promotion of their consideration
within reasonable time and reduce legal expenses so far as it is possible.
The category “simplified proceedings” in the native science of the procedural law is underexamined.
A good deal of scientists-processualists were limited to studying summary (in the
context of optimization) as a way to improve the civil procedural form, summary proceedings and
procedures functioning in terms of the mentioned proceedings, consideration of case in absentia
as well as their modification.
Among the Ukrainian scientist who studied some aspects of the simplified proceedings
are: E. A. Belyanevych, V. I. Bobrik, S. V. Vasilyev, M. V. Verbitska, S. I. Zapara, A. A. Zgama,
V. V. Komarov, D. D. Luspenuk, U. V. Navrotska, V. V. Protsenko, T. V. Stepanova, E. A. Talukin,
S. Y. Fursa, M. Y. Shtefan others. The problems of the simplified proceedings were studied by the
foreign scientists as well, such as: N. Andrews, Y. Y. Grubanon, N. A. Gromoshina, E. P. Kochanenko,
J. Kohler, D. I. Krumskiy, E. M. Muradjan, I. V. Reshetnikova, U. Seidel, N. V. Sivak, M. Z. Shvarts,
V. V. Yarkov and others.
The paper objective is to develop theoretically supported, practically reasonable notion of simplified
proceedings in the civil process, and also basing on the notion of simplified proceedings, international
experience of the legislative regulation of simplified proceedings, native and foreign doctrine,
to distinguish essential features of simplified proceedings in the civil process and to describe them.
In the paper we generated the notion of simplified proceedings that shall mean a specific, additional
form of consideration and solution of civil cases that is based on the voluntary approach to its
use, characterized by the reduced set of procedural rules and ends with rendering a peculiar judicial
decision. Moreover, the most common features of summary proceedings are highlighted.
Simplified proceedings as a specific form of consideration of dispute regarding civil law and as
a special way to optimize legal proceedings is provided with a set of peculiar features that distinguish
them among the other proceedings. Therewith, the analyzed features shall be defined as basic, in other
words, such features peculiar to the certain kind of proceedings during its development and direct
application to the civil procedural law.