Open AccessRelations Regulated by the Norms Contained in the Civil Procedural Codes and the Subject of Civil Procedural Law
Author(s) -
S. S. Kazikhanova
Publication year - 2022
Publication title -
aktualʹnye problemy rossijskogo prava
Language(s) - English
Resource type - Journals
eISSN - 2782-1862
pISSN - 1994-1471
DOI - 10.17803/1994-1471.2022.135.2.118-127
Subject(s) - writ , procedural law , conciliation , law , civil procedure , subject (documents) , procedural justice , political science , legislation , jurisdiction , arbitration , substantive law , economic justice , status quo , sociology , computer science , psychology , neuroscience , library science , perception
The paper analyses legal relations that develop in writ proceedings and conciliation procedures and substantiates the idea that they are not included in the subject of civil procedural law. The author shows their qualitative difference from the industry forming relations arising in the administration of justice and the impossibility of combining them in the subject of the industry. The effectiveness of changes in civil procedural legislation aimed at reducing the judicial burden is assessed. It is pointed out that it is inadmissible to refuse procedural guarantees of justice. The author agrees with the position existing in the scientific literature on the exclusion of writ proceedings from the jurisdiction of the courts in order to optimize the workload on judges. Attention is given to the need to improve the procedure for issuing court orders, some measures are proposed for this. Due to the lack of connection between the relations that develop in conciliation procedures and the subject of the industry, the inclusion of the norms regulating them in the texts of civil procedural codes is criticized.