Summary Proceedings: Issues of Assessing Indisputability of Claims
Year: 2024
Type: article
Abstract: Based on the results of an analysis of the materials of judicial practice of ctate comercial (arbitrazh) courts and courts of general jurisdiction, the author highlights two law enforcement problems of summary proceedings related to the assessment of the claims as indisputable. The first is manifested in the difficulties of distinguishing the presence of a defect in documentary evidence of claims (lack of a submitted application), which is the basis for returning an application for a court order, from the existence of a dispute about the right that entails a refusal to accept this claim. Accordingly, these powers are misapplied by the courts, which affects the access to justice of interested persons, since the procedural and legal consequences of returning an application for a court order are not defined by law, and in practice there are different points of view on this matter. The second problem involves the lack of uniformity in the courts’ understanding of such a condition for the indisputability of claims as their recognition by the debtor. To solve the first problem, it is proposed to give the court the authority to leave the application motionless in summary proceedings and to achieve uniformity in the assessment by the courts of the claims as recognized by the debtor, to expand the relevant explanations of the Plenum of the Supreme Court of the Russian Federation.
Source: Actual Problems of Russian Law
Author: L. N. Pavlova
Institution: Russian State University of Justice
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4405024229