Siberian Federal University

Issue

Journal of Siberian Federal University. Humanities & Social Sciences. 2020 13 (1)

Authors

Sakhnova, Tatyana V.

Contact information

Sakhnova, Tatyana V.: Siberian Federal University Krasnoyarsk, Russian Federation;

Keywords

civilistic process; court procedures; simplified proceedings; writ proceedings; proceedings in absentia; minor cases procedure; justice

Abstract

The article is devoted to the problems connected with the unification of a number of judicial procedural and non-procedural codes of practice in modern civilistic process of Russia. These problems are reviewed in terms of ontology, taking into account new legislative statutes of 2018-2019. Unification and differentiation of judicial procedures is a twin-track trend of the civilistic process, stemming from globalization of the procedural in the 21st century. At the same time, the general regularity is achieved in different ways depending on the type of process and its national realisation. The judicial procedures, which have a structural specificity in relation to the general, “extended” judicial procedure within the civilistic procedural form, cannot be reduced to simplified procedures and simplification of the process only, but rather these procedures testify to the complication of the civilistic process. This article substantiates the thesis that an increase in the coefficient of applied efficiency of the civilistic process can only be implemented through reaching a balance of private law and public law in judicial procedures. The conclusions regarding the essence of court procedures and the methodology of their application in the procedural law are meaningful as regards lawmaking and law enforcement activities

Pages

103–115

DOI

10.17516/1997-1370-0541

Paper at repository of SibFU

https://elib.sfu-kras.ru/handle/2311/129910

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License (CC BY-NC 4.0).