Each legal action has certain specifics, and thus it would be inefficient and irrational to resolve all cases using the same procedure. This engenders the need for differentiation of the procedural form. In economic court procedure, one of the ways through which this differentiation is manifested is writ proceedings. By introducing mandatory proceedings into economic court procedure, the legislator aimed at making economic dispute resolution more convenient and accessible. However, more than two years of practical application of writ proceedings by economic courts revealed a range of challenging issues which prevent this institution from efficiently optimizing the time and money spent by business entities to protect their rights and interests.

The article aims at achieving a theoretical understanding of writ proceedings in economic court procedure, and also at making a systematic analysis of the practical application of the procedural rules governing writ proceedings in economic court procedure, and at developing proposals for improvement of domestic legislation in this respect. It is noted that writ proceedings are one of the manifestations of simplification of the economic procedure form. The author examines the criteria which may be taken as a guideline when simplifying the proceedings, namely: the property criterion and indisputability of claims.

It is concluded that indisputability of a monetary claim in mandatory proceedings is presumed, but it is not a mandatory condition to obtain a writ, since the economic court decides on whether to issue the writ based only on the evidence provided by the applicant.

The author establishes the conditions for writ issuance and reckons among them the following: 1) application for writ issuance may by filed by the person who has the right of claim; 2) application for writ issuance is submitted to the trial court according to the general rules of court jurisdiction; 3) the debt should be monetary in nature under contract; 4) the claim amount does not exceed one hundred subsistence minimums for able-bodied persons; 5) presumption of monetary debt indisputability; 6) applicant and debtor in mandatory proceedings may be only legal entities and individual entrepreneurs; 7) penalties may not be the subject matter of a writ.

Today we should note the optionality of using writ proceedings and simplified claim proceedings which may later be transformed into general claim proceedings. Availability of such an alternative to the applicant entails a delay in the proceedings and an excessive load on the judges, since this means that one and the same case may be considered in court twice – firstly, according to the rules of writ proceedings, and after that according to the rules of simplified claim proceedings. In this regard, the author substantiates that in legislation the mandatory bases should be strengthened for differentiation of writ, simplified claim and general claim proceedings.

Bibliography

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Conferense papers

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Websites

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