Громошина Н.А. О процессуальной форме и принципах упрощения гражданского судопроизводства

Аннотация: The article examines one aspect of the differentiation of civil procedure – its simplification. This trend is developing in theory as well as in judicial practice. It is important to distinguish the simplification of the process – as the direction of aspirations of the legislator (as well as of scholars, lawyers, making the appropriate proposal) and simplified procedure. It is also incorrect to speak about the simplification for the court, or simplification for the parties. While developing and suggesting simplified procedures we should take into account the most important parameter – the principle of simplification. It means that simplification may be conducted in every way which allows preserving the essence of the phenomenon itself. This principle follows from the rules and laws of dialectics and formal logic. In addition, a systematic approach and compliance of simplified procedures with objectives of civil procedure should be observed. While trying to answer these questions the author is addressing the concept of the civil-procedural form, analyzing it from historical standpoint and from the perspective of theory of law and procedural branch of legal science as well. The main specific idea of the article is that the simplification is regarded as modification, and the procedural form – as an element of the essence (an attribute) of civil procedure. It allowed to align the arguments according to the laws of dialectics and formal logic. The author does not support the view of some theorists of law on the loss of importance and the uselessness of the term “procedural form.” Instead of that relying on refined and updated definition of procedural form, the author puts forward the principles of simplification of civil procedure. As a result, the author concludes that the importance of civil-procedural form lies in the fact that it allows to define the limits of possible changes of procedures of dealing with civil cases, in particular, the limits of simplification. This is important for the legislator, and for the researchers.

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Abstract: The article examines one aspect of the differentiation of civil procedure – its simplification. This trend is developing in theory as well as in judicial practice. It is important to distinguish the simplification of the process – as the direction of aspirations of the legislator (as well as of scholars, lawyers, making the appropriate proposal) and simplified procedure. It is also incorrect to speak about the simplification for the court, or simplification for the parties. While developing and suggesting simplified procedures we should take into account the most important parameter – the principle of simplification. It means that simplification may be conducted in every way which allows preserving the essence of the phenomenon itself. This principle follows from the rules and laws of dialectics and formal logic. In addition, a systematic approach and compliance of simplified procedures with objectives of civil procedure should be observed. While trying to answer these questions the author is addressing the concept of the civil-procedural form, analyzing it from historical standpoint and from the perspective of theory of law and procedural branch of legal science as well. The main specific idea of the article is that the simplification is regarded as modification, and the procedural form – as an element of the essence (an attribute) of civil procedure. It allowed to align the arguments according to the laws of dialectics and formal logic. The author does not support the view of some theorists of law on the loss of importance and the uselessness of the term “procedural form.” Instead of that relying on refined and updated definition of procedural form, the author puts forward the principles of simplification of civil procedure. As a result, the author concludes that the importance of civil-procedural form lies in the fact that it allows to define the limits of possible changes of procedures of dealing with civil cases, in particular, the limits of simplification. This is important for the legislator, and for the researchers.

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