SIMPLIFICATION OF THE APPEAL PROCEDURE IN THE RUSSIAN CIVILISTIC PROCEDURE
Objective: to prove the importance of simplified appeal procedure in achieving the goals of justice.Methods: a number of general scientific and specific methods were used. Special methods included legal interpretation, historical, comparative- legal, systemic and other methods of scientific cognitio...
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| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
Tatar Educational Center “Taglimat” Ltd.
2016-03-01
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| Series: | Russian Journal of Economics and Law |
| Subjects: | |
| Online Access: | https://www.rusjel.ru/jour/article/view/1986 |
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| Summary: | Objective: to prove the importance of simplified appeal procedure in achieving the goals of justice.Methods: a number of general scientific and specific methods were used. Special methods included legal interpretation, historical, comparative- legal, systemic and other methods of scientific cognition.Results: the paper analyzes foreign legislation and practice of the European court of Human Rights on simplification of judicial act checking procedures. The simplified appeal process is aimed at reducing the case load on judges of second instance, guaranteeing the realization of the right to appeal, reducing of terms of consideration of the appeal complaints and speeding up the entry of court decision into legal force. In orderРаскатова Н. Н., Грибов Н. Д. Упрощение апелляционной процедуры в российском цивилистическом процессе /Raskatova N. N., Gribov N. D. Simplification of the appeal procedure in the Russian civilistic procedure194Гражданский процессCivil processАктуальные проблемы экономики и права. 2016. № 1Actual Problems of Economics and Law, 2016, No. 1 ISSN 1993-047Х (Print) / ISSN 2410-0390 (Online) to achieve the guarantees of the persons participating in the case, an oral or written trial in a simplified appeal procedure shall be determined in accordance with the will of the person submitting the complaint.Scientific novelty: the article is a scientific contribution to the study of simplified proceedings in civil cases. It formulates the authors’ vision of the essence of a simplified appeal procedure, and provides suggestions for creating effective simplified appeal procedures to respect the rights of persons participating in the case.Practical significance: the main provisions of the article can be used in teaching, in research activities in the study of problems associated with the simplified appeal proceedings, for improving the domestic civil procedure law. |
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| ISSN: | 2782-2923 |