Legal findings of the court in view of the principle of procedural economy
- Authors: Shemeneva O.N.1
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Affiliations:
- Voronezh State University
- Issue: Vol 12, No 1 (2025)
- Pages: 47-52
- Section: Private law
- URL: https://journals.rcsi.science/2410-7522/article/view/313627
- DOI: https://doi.org/10.17816/RJLS656031
- ID: 313627
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Abstract
In recent years, judicial practice has showed a trend when a person files an action to establish legally valid facts by way of litigation. These mainly include cases related to acknowledgment of paternity, to paternity, and to proof of kinship. The ongoing setting does not correspond to fundamental abstract concepts of the types of civil proceedings and is extremely uneconomical as it leads to a more complex procedure for considering and resolving undisputed cases. To analyze the causes of the current situation and understand the actual theoretical and practical prerequisites to the need to complicate the procedure for establishing legally valid facts by the court associated with the subsequent implementation of substantive rights on an out-of-court basis. The author concludes that the practice of establishing legally valid facts by litigation has developed under an invalid Resolution of the Plenum of the Supreme Court of the USSR. It contradicts conventional division of civil proceedings into types, contemporary procedural law, and the applicable Resolution of the Plenum of the Supreme Court of the Russian Federation related to one category of studied cases. It does not comply with the principle of procedural economy as it increases the burden on the courts, significantly increases the legal costs of interested parties, and distorts the rules of jurisdiction. This practice also contradicts the latest trends in the development of procedural law aimed at simplifying and accelerating the consideration of simple and undisputed civil cases by the courts and, therefore, needs to be changed.
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##article.viewOnOriginalSite##About the authors
Olga N. Shemeneva
Voronezh State University
Author for correspondence.
Email: shon_in_law@mail.ru
SPIN-code: 2302-2007
Dr. Sci. (Jurisprudence), Professor
Russian Federation, VoronezhReferences
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