ACTUAL PROBLEMS OF SIMPLIFIED PROCEEDINGS IN THE ARBITRATION PROCESS
Author(s): Levenkov A.N.
Rubric: Civil, business and contract law
Release: 2020-1 (23)
Keywords: simplified proceedings, arbitration process, parties, sole of consideration of the case, notice of the parties, term, court decision
Annotation: This article will address the most pressing problems of law enforcement in simplified proceedings of the arbitration court, which are caused, for the most part, by the imperfection of the current legislation in this area, in particular, Chapter 29 of the Arbitral Procedure’s code of the Russian Federation, and require close attention from the legislator. First of all, these are such controversial issues as the expediency of setting a 15-day period for filing an objection and evidence; what procedure for notifying the parties is acceptable in simplified proceedings, and what is not; how are the key procedural principles of competition and dispositivity implemented in the framework of a single hearing on a case; and whether the category of cases that the legislator currently refers to the main goals of the simplified procedure – procedural economy. In addition, it is impossible to deny the existence of theoretical problems in simplified arbitration proceedings, for example, in determining the legal nature and essence of simplified proceedings, which is also the purpose of this article.
Bibliography: Levenkov A.N. ACTUAL PROBLEMS OF SIMPLIFIED PROCEEDINGS IN THE ARBITRATION PROCESS // Jurisprudence. – 2020. – № 1 (23). – С. 35-38. doi: 10.21777/2587-9472-2020-1-35-38