Peculiarities of the procedural form of simplified claim proceedings in civil judiciary

The article is devoted to the study of the institute of summary proceedings in civil proceedings, namely the legal nature of summary proceedings, the peculiarities of its procedural form and coverage of certain issues related to the implementation of the principles of civil proceedings during the consideration and resolution of cases in summary proceedings.The article considers doctrinal provisions on optimization of civil process by differentiation of procedural form of civil proceedings and introduction of simplified court procedures, international tendencies of its development in the corresponding direction, theoretical and applied scientific approaches on isolation of specific features of procedural form of simplified proceedings in relation to general comparative analysis of the legal regulation of the procedure for consideration of “small disputes” in the legislation of the Council of Europe, as well as prospects for further reform of domestic civil procedural legislation in the field of implementation of simplified court procedures.In the context of the issue of differentiation of the procedural form of civil proceedings, the criteria for distin-guishing between general and simplified procedure for consideration of civil cases in legal proceedings are defined, namely: the amount of claims (the price of the claim); subject of the claim (case category); the complexity of the case and the priority of its speedy resolution for the parties. The civil procedural legislation and scientific achieve-ments on determination of the category of cases which are subject to consideration by way of the simplified claim procedure are analyzed and the conclusion on possibility of assignment to them of requirements on which the court order can be issued is made.In view of the above, it was found that one of the features that characterizes the simplified claim proceedings in contrast to the general claim proceedings is the ability to consider claims that are indisputable in the existence of the following conditions: 1) claims that a person may order (the list of such requirements is exhaustive); 2) realization by the person of the right of an alternative choice of a type of civil proceedings in the order of which the corre-sponding requirements will be considered – the address of the person to court in the simplified claim proceedings.In terms of the court’s decision on the case in a simplified procedure, taking into account the specifics of its pro-cedural form, considered the scientific views and case law (conclusions) of the European Court of Human Rights on the implementation of sectoral principles of civil proceedings, including proportionality, discretion, adversarial and the generally accepted principle of civil procedure – the right to a court in the event of a court hearing without the participation of the parties.Based on the results of the study, conclusions were drawn.