Legal encyclopedia. The letter U

SIMPLIFIED PRODUCTION

-The variety of the usual lawsuit procedure for arbitration. Is carried out if:

1) the claims of the plaintiff are indisputable;

2) the claims of the plaintiff are recognized by the respondent;

3) the plaintiff was sued for a small amount.

The indisputable nature of the claims of the plaintiff does not mean that there is no dispute about the law. The plaintiff will seek protection from the arbitral tribunal for breached or challenged rights, considering that the right that he holds is in a state of dispute. The plaintiff may have evidence that supports the claimed requirements. In this case, the U.P. is expedient.

Not confirmed by certain

Evidence of the claim may be considered by the USP if the plaintiff has evidence that the respondent

Debt. Evidence can be either a written acknowledgment of the debt directly expressed by the respondent, or evidence of the defendant's performance of actions aimed at the execution of debt obligations.

The amount of claims is considered

If it is up to 200 times the minimum monthly wage under claims of legal entities or up to 20 times the minimum wage under claims of individual entrepreneurs.

The grounds for initiating a case in an arbitration court, which is considered by the USP, is a statement of claim. AP is appointed on the initiative of the plaintiff or on the initiative of the arbitral tribunal. Request for consideration of the case of the USP is expressed in the relevant petition. An application may be directly included by the plaintiff in the content of the claim or be submitted to the arbitration court as a separate document. The U.P. is appointed on the initiative of the arbitration court, if the arbitration court determines the existence of conditions for the consideration of the case in the order of the USP, indicating to the parties the possibility of resolving the case in that order.

A necessary condition for the U.P. is the consent to this of the plaintiff and the defendant. If the parties or one of them does not express their consent, the case is examined according to the general rules of the proceedings.

U.P. is an innovation for the Russian arbitration procedural law. The need for its introduction is caused by the desire to relieve the arbitration courts from cases that do not need to go through the entire procedure for the consideration of the case.

When considering cases in the U.P., a judicial decision is made not according to the general, but according to the simplified rules of the arbitration process:

1) without calling the parties;

2) only on the basis of written evidence and explanations of the parties given in writing, within 1 month from the date of receipt of the statement of claim in court.

U.P. provides prompt consideration of a large number of cases and contributes to the effective protection of violated rights and legitimate interests of entities that appeal to the arbitration court.

Consideration of indisputable and obvious cases in the US is common in many countries of the world: in France, the Netherlands, Great Britain. In Russia, a simplified procedure for the consideration of civil cases is provided for in civil proceedings in the form of order execution.

U.P. and the orderly production have a number of similar features, but at the same time differ significantly from each other. Consideration of the case in the orderly proceedings is carried out without trial and ends with the issuance of a court order. A court order on the application of the debtor can be canceled. U.P. is carried out according to the general rules of the proceedings, cases are resolved in court proceedings and end with the issuance of a court decision. Judicial decision on the requirements and legal consequences arising is completely identical to the judgment rendered in the ordinary course of the case, it can not be canceled or changed.

The arbitral tribunal reviews the cases in accordance with the procedure of the U.P., which are attributed by the law to its subordination. p>

AP may be appointed for cases based on acknowledged but not fulfilled obligations of the defendant.

When U.P. is possible to participate several plaintiffs or several respondents.

U.P. is carried out by the judge alone. The maximum term for making a decision should not exceed 1 month from the date of receipt of the statement of claim.

U.P. includes the stage of preparing the case for trial. An indication of the preparation of the case for trial is included in the content of the decision to accept the statement of claim for production. Preparations for the trial are conducted with the expectation that there will be an opportunity to conduct a trial and make a decision on the case before the expiration of a month.

If, during the preparation of the case, it becomes clear that it is necessary to conduct an expert examination, call witnesses, investigate material evidence, the case is examined in the ordinary lawsuit procedure.

If, upon acceptance of the statement of claim, the judge establishes the conditions for the conduct of the USP, the arbitral tribunal shall issue a ruling on the acceptance of the case to the U.P. In the determination, the court may indicate the need for additional evidence to be provided within 15 days of the adoption of the case .

Respondent can agree with the demands made to him or submit their objections to them.

U.P. is a documentary production and is conducted without the participation of the parties. During the meeting, the judge examines written evidence, explanations of the parties on the merits of the claims submitted in writing.

The response to the claimed requirements is not proof. The response of the defendant in the framework of the USP can be evidence of the defendant's disagreement with the plaintiff's claims and the need to conduct a customary lawsuit.

The decision in the U.P. should not be taken:

1) if the debtor disagrees with the claims submitted within 15 days;

2) in case of disagreement of the persons participating in the case, with consideration of the case in U.P.

A copy of the judgment delivered in the order of the U.P. is sent no later than the next day after the day of its adoption.

Appeal of a court decision,

Passed in the manner of the USP, is analogous to the procedure for appealing an ordinary judicial decision.