Actual Problems of Correspondence Legal Procedure

Abstract

Silantieva Inessa - Postgraduate Student, Department of State and Law, Samara State Economic University. Adress: 141 Sovetskoy Armii Str., Samara, 443090, Russian Federation. E-mail: inessa0703@yandex.ru.

In the work we examined and investigated the specificity of correspondence legal procedure. This procedure helps to ensure access to justice, to eliminate the possibility of intentional delays in the process, without compromising the procedural guarantees. The special attention is given to the problems which arise at the stage of application of this category. Questions of legality of the given decisions, cases of plurality of subjects both on the party of the claimant and on the party of the respondent, complexity at participation of remedial claimants are considered and some other questions are examined. In article use problems in trial of systems of correspondence legal procedure are analyzed and prospects of their application are considered.
It is noted that the correspondence legal procedure can not be considered a simplified or abridged procedure, as fully complied with the procedural form, examines all the evidence. It is carried out by the general rules of the trial, established by Chapter 15 of the Code of Civil Procedure of the Russian Federation, but with some features provided by Chapter 22 of the Code of Civil Procedure of the Russian Federation. Correspondence decision has the same legal effect as adopted in the usual manner. This is not an independent, not separate but civil proceedings.
It is concluded that this type of production complies with the principle of competition. The trial is held in a general manner, examines all of the evidence, the parties are known to each other's views. To cap it all, in the correspondence legal procedure are introduced additional safeguards for the absent defendant, which are expressed in limiting some of the powers of the plaintiff - the right to increase the size of the claim and a change in the claim. Certainly, in the correspondence legal procedure there is some one-sided, but it is only the result of the defendant's actions. With this in mind, the defendant an opportunity to cancel the correspondence decision in a simpler form.
The article states that in the legislative regulation of the correspondence legal procedure there are significant flaws. Greatly facilitate the use of this institute will allow clarification of the Plenum of the Supreme Court of the Russian Federation.
Ultimately, the effectiveness and necessity of the institute of the correspondence legal procedure is confirmed by statistics.