THE RIGHT OF THE CLAIMANT TO APPEAL THE RULING ON THE CANCELLATION OF THE COURT ORDER

Author(s): Novozhenina I.V.

Rubric: Legal proceedings. Prosecutorial and human rights activities

DOI: 10.21777/2587-9472-2024-1-42-46

Release: 2024-1 (41)

Pages: 42-46

Keywords: writ proceedings, court order, guarantees of the rights of participants in legal proceedings, cancellation of the court order, claimant’s right to appeal, Constitutional Court

Annotation: The article examines the legal positions of the Constitutional Court, justifying the right of the claimant to appeal the ruling on the cancellation of the court order due to the absence of valid reasons for the debtor to skip the deadline for filing objections, as well as the provisions of the draft law, consolidating the results of constitutional control in the system of legal norms. The purpose of the study is to evaluate the developed novels based on an analysis of the conceptual foundations of writ proceedings. According to the author, the key idea characterizing writ proceedings is the presumption of indisputability of the claimant’s claims, which determines ways to simplify and accelerate the form of protection of rights under consideration, including through truncation of adversarial proceedings and the issuance of judicial acts in absentia. At the same time, guarantees of the rights of the parties to the proceedings, ensuring procedural equality and protection against abuse of rights, are of particular impor- tance. The author concludes that the right of the claimant to appeal against the decision to set aside the judgment based on the debtor’s defenses raised outside the time limit should be stated in the text. As a result of the study, the importance of the legislative formalization of the legal provisions of the Constitutional Court, which establish guarantees of the rights of the claimant in writ proceedings and are not related to the unconstitutionality of the legal norm, is substantiated.

Bibliography: Novozhenina I.V. THE RIGHT OF THE CLAIMANT TO APPEAL THE RULING ON THE CANCELLATION OF THE COURT ORDER // Journal of Legal Sciences. – 2024. – № 1 (41). – С. 42-46. doi: 10.21777/2587-9472-2024-1-42-46