Writ as a simplified form of civil procedure. Writ of execution. Николай Камзин

---

Скачать книгу

---

of decisions;

      – disputes about the privileges;

      – in actions for compensation of victims of accidents and office workers in the factories and their families;

      – disputes and complaints for enforcement.

      In order to be considered in short all things at all, if it is agreed by the court and have not seen this particular obstacle. By order of the rules of the reduced characteristic in common, but with few exceptions, which were limited primarily to shorten the proceedings and the obligations of the parties to immediately submit the documents on which they base their rights: the plaintiff – if the lawsuit petition, the defendant – not later than the first meeting in the case.

      Reduced production order has been unsatisfactory and too difficult in practice to speed up the proceedings on the undisputed liens. Measures were taken to remedy the situation. December 29, 1889 has been published rules for the production of rural chiefs and municipal judges. Earthen chiefs and municipal judges granted the right to manufacture their powers, to pay to perform acts without judicial review.

      Causative execution subject to:

      – acts of the serfs and notary, the acts of the payment of money or the return of things and other movable property;

      – the employment contracts of real estate, certified or committed by the same procedure.

      Recovery of the causative procedures on these matters was allowed only in cases where:

      – acts on which it is based, committed or witnessed by the established order;

      – the performance on them was not delivered in the very act in reliance on such conditions, the occurrence of which must be proved previously by the applicant, that is, if an act is beyond question.

      In 1912, the rules of the causative version were introduced in the GHS. Chapter 15 GHS «On the performance of the causative acts» was developed based on standards set forth in the Rules for the production of rural chiefs and municipal judges. Commenting on the GHS, К.П. Змирлов noted on the causative form of enforcement of acts: «A distinguishing feature of the cases, so-called undisputed penalties is that the production of them between the parties as there was no dispute, and they are conducted solely for the receipt of the order of the causative performance of an obligation by the defendant. Under such conditions, in view of simplicity and clarity of the legal relationship of the parties, subject to strict procedural forms established in order to protect the interests of the plaintiff and defendant, it is unnecessary and not only needlessly alienates period of performance, but in vain, and both the claimant's burden, as well, and bona fide defendant. From this point of view of the above categories exclude cases from the trial, with the replacement of the last direct appeal expired liabilities to the causative enforceable in all respects to be preferred. In the same example and persuade Western Europe, where it started successfully applied almost everywhere, as well as some experience and national legislation, since the implementation of the causative execution of acts of «земскими» precinct chiefs and city judges does not cause any complaints by whom»[10].

      By execution of CSA causative acts was «the judge's ruling, without calling and listening to explanations of the defendant, the immediate execution of taken over the defendant in the act of commitment, time of execution of to whom has come» and subject to the execution of the CSA:

      – serfs, notary and certified by the rules of a notary of the acts of the payment of money or the return of things, or other movable property, if the execution of the aforesaid obligations in these acts were not made subject to such conditions, the occurrence of which was to be pre-proved by the plaintiff;

      – committed or witnessed in the same order of real estate employment contracts in relation to the obligation to clear the employer or rent property consisting of hiring due to the expiration of employment and the obligation of payment of wage money;

      – protested bills;

      – Acts of agreements certified under the special rules on compensation of victims of accidents due to the workers and employees, as well as their families.

      The desire for simplification of the civil procedural form was characteristic of the Russian civil process after 1864 and led to the beginning of the 20th century to the emergence of legislation governing the protection of the rights detailed in a simplified form.

      High level of development of the theory simplify the civil procedural form was in the works of pre-revolutionary scientists-procedure causative and effective execution of acts determined the binding of a similar institution in the first Soviet of the RSFSR Code of Civil Procedure 1923. It was first introduced the term «court order». In the explanatory memorandum to the draft Code stated: «Art. 210 of the Draft Code of Civil Procedure allow a special procedure for consideration in the form of so-called issue of writs for the simplest cases, based on fixed and not subject to appeal documents. Issuance of orders made without summoning the parties and without a public affairs individually parse the people's judge, which is sufficient to produce an authentic document». According to Art. 210 orders were used to collect the money or the requirements for the return or transfer of property-based:

      – for contested bills;

      – the acts for which you have the mandatory notarial certification or order the commission, subject to compliance;

      – the global transactions of any kind committed by judicial order;

      – agreements on the amount of content to children and spouse entered into in accordance with the Code of Civil Status;

      – on pay-books on wages.

      However, beginning development of the institute writ of production in the Soviet civil trial was not as successful as the development of simplified forms of judicial procedure in pre-revolutionary Russia. Following the publication in 1926 of the provisions of Notary Public number of documents on which the writs were issued, declined and later Chapter 24 «On the issue of writs for the acts» were completely excluded from the Code of Civil Procedure of the RSFSR.

      The Institute was transferred to the jurisdiction of notaries, which was transformed into Institute executive inscriptions – a notarial act, aimed at giving the executive power, and debt payment documents. This institution exists to this day. The order of the executive commission of the inscriptions is regulated by the Fundamentals of Legislation on Notaries.

      Soviet jurists recognized the commonality of the legal nature of the legal institutions of the writ and writ of execution, and noted that notaries in the commission of the inscriptions were guided by the executive regulations for the extradition orders set out earlier in the Code of Civil Procedure.

      In the legal literature has raised the question of the causes that led to the transformation of the institute injunction.

      Н.Н. Масленникова, notes that the reduction of the practical value of the injunction and its subsequent clotting contributed to «a departure procedure law of Soviet Russia from discretionary, and competition began, the shift to state court procedural activity, the desire for strict regulation of all the really important things in public circulation»[11]. В.И. Решетняк believes that this institution, «focused on the functioning mainly in a market economy», could not be used «in the Russian reality, 30s – 50s of the 20th century, with its totalitarian regimentation of all spheres of civil turnover. Because of this, he had no place in the Code of Civil Procedure in 1964, and he was unreasonably long forgotten domestic legislation»[12].

      In the mid-80s. in domestic law clerk appeared analog output. Decree of the Presidium of the Supreme Soviet of the RSFSR of 20 February 1985 «On some changes in the order of recovery of maintenance for minor children»[13] in the judicial practice was introduced by the simplified production of the recovery of maintenance for minor children.

      In the legal literature have been formulated following criteria to determine a simplified production of alimony:

      –

---

Скачать книгу