Writ proceeding is a form of summary judgment. The purpose of introducing this form pursues the simplification of certain court proceedings for participants.
The provisions of the court order are governed by code of civil procedure of the Russian Federation to Chapter 11 of the section "proceedings in the court of first instance".
In the case of court proceedings do not exist as such trial and the judgment (the order) shall be rendered by a single judge on the basis of submitted documents.
The court order can be made solely in the absence of any intimation of the dispute, that is the main characteristic of a court order is undisputed.
In writ proceedings, there is no need for personal attendance at the trial. A judge independently examines the documents submitted and on the basis of the analysis in a period not exceeding 5 days, make a decision, in this type of production orders.
An obvious plus of writ proceedings – the efficiency.
The court order is both a judgment and writ of execution. That is, the debtor received the order, is obliged to implement the decision immediately.
The court order does not provide for the verification of the submitted data, so the award may be presented by any claimant the stated amount.
The court order not subject to appeal.
Disadvantages can be divided into two categories, one of which is inadequate legislative regulations for the full legal regulation of the writ proceeding.
Problems can arise when making the case to the judge. Some provisions of the code of civil procedure, relating to writ proceedings, have different interpretations, allowing the judge to act at their own discretion. For example, a case may be denied if not presented data on place of residence of the debtor.
The issuance of an order may be made only on grounds delineated a limited list of requirements identified in article 122 of the code of civil procedure of the Russian Federation.
The second category refers to the mechanisms of execution of the order. Orders subject to cancellation by the court if the debtor within 10 days will receive the objection, with indication of the legal position in the objection is not necessarily enough to Express disagreement on the part of the hearing.
Therefore, some scholars tend not to provide the court order in separate proceedings, and to consider it deprocessing procedure having the character alternative in which it appears controversial or undisputed matter.
The provisions of the court order are governed by code of civil procedure of the Russian Federation to Chapter 11 of the section "proceedings in the court of first instance".
Signs writ proceedings
In the case of court proceedings do not exist as such trial and the judgment (the order) shall be rendered by a single judge on the basis of submitted documents.
The court order can be made solely in the absence of any intimation of the dispute, that is the main characteristic of a court order is undisputed.
The positive aspects of the writ proceeding
In writ proceedings, there is no need for personal attendance at the trial. A judge independently examines the documents submitted and on the basis of the analysis in a period not exceeding 5 days, make a decision, in this type of production orders.
An obvious plus of writ proceedings – the efficiency.
The court order is both a judgment and writ of execution. That is, the debtor received the order, is obliged to implement the decision immediately.
The court order does not provide for the verification of the submitted data, so the award may be presented by any claimant the stated amount.
The court order not subject to appeal.
Cons of the writ proceeding
Disadvantages can be divided into two categories, one of which is inadequate legislative regulations for the full legal regulation of the writ proceeding.
Problems can arise when making the case to the judge. Some provisions of the code of civil procedure, relating to writ proceedings, have different interpretations, allowing the judge to act at their own discretion. For example, a case may be denied if not presented data on place of residence of the debtor.
The issuance of an order may be made only on grounds delineated a limited list of requirements identified in article 122 of the code of civil procedure of the Russian Federation.
The second category refers to the mechanisms of execution of the order. Orders subject to cancellation by the court if the debtor within 10 days will receive the objection, with indication of the legal position in the objection is not necessarily enough to Express disagreement on the part of the hearing.
Therefore, some scholars tend not to provide the court order in separate proceedings, and to consider it deprocessing procedure having the character alternative in which it appears controversial or undisputed matter.
