Transformation of special proceedings into action proceedings: on the example of social rights protection of leningrad siege survivors

In the presented article, the author proposes to introduce the possibility of transforming a special production into a claim and vice versa. Such a procedure may be possible on the basis of a court ruling issued at the request of interested persons and if there are grounds established by law.

According to the author of the article, the establishment by the court of such an important ground as the existence of a dispute about the right is sufficient for the transformation from special proceedings to claim proceedings. By the current civil procedural legislation, the court should be given the opportunity to accept a request document received in special proceedings and then consider it according to the rules of not special, but claim proceedings. Such opportunities will significantly reduce the time and other costs of both participants in the proceedings and the court.