SIMPLIFICATION OF CIVIL PROCEEDINGS AND ITS LEGAL CONSEQUENCES

The study is devoted to identifying the essence of legal institutions aimed at optimizing the judicial burden in the field of civil and arbitration proceedings and their legal consequences. The author consistently analyzes the activities of the legislator in introducing both pre-trial and judicial mechanisms that ensure the acceleration of civil proceedings. In this case, the main idea is that the purpose of civil and arbitration proceedings is the protection of violated or contested subjective civil rights and legitimate interests, which is ensured only with strict adherence to all principles of justice. Accordingly, consideration by courts of general jurisdiction and arbitration courts of cases in non-claim proceedings must be carried out in full accordance with the principles of general, claim proceedings. It is shown that simplified proceedings, in contrast to writ and absentee proceedings, are an independent type of civil and arbitration process. At the same time, its main feature – consideration of the stated claim in the absence of the parties – makes it impossible for the persons interested in the case to exercise the most important procedural rights and leads to violation of the fundamental principles of the civil judicial process. It is proposed to review the procedure for appealing and canceling court decisions made within the framework of summary proceedings, to give the courts the right to cancel them at the request of a party to a legal conflict, while at the same time explaining to interested parties their right to make a claim according to the rules of the procedure for litigation. Specific ways to reduce the number of civil cases considered by the courts are proposed (transferring cases to establish legally significant facts to notary bodies, consolidating the proceedings on the issuance of writs of execution for mediation agreements).