Simplified production in the arbitration process: the concept, terms

To reduce the time of the proceedings, the legislation provides for simplified production. In the civil process, it is carried out by issuing an order. Proceedings are carried out without calling the parties. Such a procedure is provided for when resolving economic disputes.

Simplified litigation: General characteristics

Proceedings, as was said above, are carried out without inviting the parties. The consideration of cases in a simplified procedure shall be carried out by an authorized person solely. At the same time, information and materials are posted on the official website of the agency within the limits of the restricted access regime within 5 days from the date of acceptance of the application. Simplified production in the civil process, as well as in economic disputes, does not involve a preliminary hearing. During the proceedings, there is no provision for keeping a record, as well as adjournment of the meeting.

Features

Simplified proceedings in the arbitration process involve the examination by the authorized person of the materials and evidence transferred by the parties. Based on the information learned, a decision is made. The rules do not apply to the ordinary proceedings. In particular, there is no stage of reading out the operative part of the decision. It is published on the next day after the adoption in the Internet (on the official site of the authority).

Categories of disputes

Simplified proceedings in the arbitration process are applicable to two groups of conflicts. One category includes disputes tied to the value of the claim, to the other - independent of it. In the first case, a simplified procedure for judicial proceedings is applied to applications:

1. About recovery of money from organizations - up to 500 thousand rubles, from individual entrepreneurs - up to 250 thousand rubles.
2. On challenging non-normative acts, decisions of structures exercising public powers, employees, if these documents contain demands for payment or contain an instruction to collect funds, apply to the property of the applicant, if they are appealed against the relevant financial claims and the amount imputed to the latter More than 100 thousand rubles.
3. On bringing to justice if an administrative fine is imposed for violation. However, its value should not be more than 100 thousand rubles.
4. On challenging decisions of administrative structures on bringing to justice, if as punishment only a fine is established, the amount of which is not more than 100,000 rubles.
5. On recovery of mandatory deductions and sanctions, if the total value of the imputed amount is in the range of 100-200 thousand rubles.

Claims independent of value

Simplified court proceedings are also provided for litigation disputes:

1. Based on documents provided by the applicant and setting monetary claims against the defendant, which are recognized as the last but not performed, or on materials certifying the existence of debt under the contract.
2. Concerning the protest of a bill in non-acceptance, undated, non-payment of an acceptance, committed by a notary.

Nuance

By setting the rules for simplified production, the AIC of the Russian Federation determines that the value of all claims should not exceed the limits provided for by law. The cost of the claim includes additional sanctions, allowed by the rules. In particular, we are talking about penalties, fines, penalties, interest. The value of the claim, including several independent claims, is determined by their total amount.

Changing the content of claims

If the plaintiff applies for an increase in the value of claims after accepting an application, the price of which does not exceed the limits prescribed by law, as a result of which it will exceed the established limits, simplified proceedings proceed to proceedings in accordance with general rules. If the amount remains within the range fixed in the norms, the issue of proceeding to the settlement of a dispute in the usual manner is decided by the authorized person in accordance with the factual availability of the defendant's right to present objections and evidence in support of his position, in accordance with the provisions of Article 228 of the Article (Part 3) . If, under a dispute that is being tried according to general rules, the reduction of claims to the limits specified in Article 227 (part 1, clause 1) of the AIC is accepted, it can be considered in a simplified procedure. At the same time, the provisions of Article 135 (part 3) must be observed.

Exceptions

The simplified procedure in an arbitration court does not apply to disputes:

1. Corporate nature.
2. On the protection of consumer rights.
3. In the framework of which a counterclaim was taken , the proceedings on which can not be carried out under a simplified procedure.

The exception is also the cases when the person authorized to resolve the conflict, at the request of one of the participants, among other things, came to the conclusion that:

1. It is necessary to carry out research and examination of evidence at their location, hear witnesses, and appoint an expert examination.
2. The claimed requirement concerns other claims, including to other entities, or a ruling passed on the dispute may violate the interests and rights of third parties.
3. Simplified production can provoke the disclosure of state secrets.
4. Proceedings using abridged procedures will not facilitate the effective establishment of truth. This provision takes place also in cases where the court recognizes the need to clarify additional facts or to investigate other evidence.

Simplified production is also not used in cases of challenging actions / omissions, decisions of employees of the FSSP.

Supporting documents

The materials proving the existence of the defendant's pecuniary obligations recognized but not executed by him include papers in which there is a written confirmation of the existing debt. It can arise under the terms of the contract (loan, service, energy supply, credit, rent, provision of communication services and so on). Written confirmation can serve as a response to a claim in the act of reconciling performed calculations, signed by the parties to the relationship. Simplified production is opened if, together with the application, documents are submitted that certify the defendant's indebtedness for the entire amount of claims. It is also allowed if the value of the claim in part of the unconfirmed obligations does not exceed the limits specified in Article 227 (Article 1, Paragraph 1) of the Code.

Simplified production period

The trial is not more than two months from the date of receipt of the application. The time for consideration may be determined by the authorized authority by indicating the exact calendar number or time interval. The latter is calculated from the date of the decision to accept the application for the proceedings, the commencement of proceedings or the transition to a simplified procedure. In this case, the period should not exceed two months. When passing a decision on the proceedings under simplified rules, the following terms are provided for the participants to present evidence:

1. 15 or more days (workers) - for the presentation of the respondent's response to the claim, by any side of the certifying documents, to which the participants refer as grounds for their objections and claims.
2. 30 or more workers. Days - for the submission of materials containing explanations on the merits of claims and disagreements that do not contain references to evidence not disclosed in the terms established by the court.

It is necessary to say that when determining the duration of these periods, it is necessary to take into account the time for delivery by correspondence by the postal service, as well as the total length of the dispute proceedings under the reduced scheme. The gap between the days, when the 1st and 2nd terms end, should not be less than 15 days.

Notification of participants

In the proceedings of the dispute in a simplified procedure, the authorized body notifies the parties of the acceptance of the application, the initiation of proceedings. The notification of participants is carried out according to the general rules. They are established by the 123rd article of the agrarian and industrial complex. Parties to a dispute shall be declared notified if:

1. The authorized body has evidence of persons receiving information about the proceedings that have begun.
2. By the date of the decision, the court has information on the parties' copies of the decision on accepting the application and commencing consideration.

Participants in the dispute will also be considered notified if:

1. The addressee refused to accept the copy of the definition, and this action was recorded by the postal service or directly by the court.
2. Despite the presence of a notice, the subject did not appear to receive a copy of the act in the liaison office. The postal service should notify the arbitration court about this.
3. A copy of the act was not handed over because of the absence of the person at the indicated address. The postal service also notifies the court and specifies the source of the relevant data.
4. The notice was given to an authorized employee of the representative office / branch of the organization.
5. The notification was received by the representative of the party to the dispute.

Together with this, the court issues a resolution on the consideration of the case under the general rules, if:

1. By the date of approval of the resolution on the dispute, the relevant information about the receipt by the person of a copy of the decision on the adoption of the claim for the proceedings has not been received by the authorized body.
2. The information was accepted by the court, but it is established that the received data indicate that the participant does not have the opportunity to review the documents, as well as send evidence and objections.

Conclusion

Simplified production actually deprives the parties of the opportunity to directly participate in the consideration of the case. The plaintiff and the respondent can only provide documents that substantiate their positions, as well as objections to the claims. As a rule, a simplified procedure is used for disputes arising in the framework of obligations, in particular, credit relations. Banking structures send applications, as well as documents, evidence, requesting the conduct of proceedings without the participation of the parties. Simplified production significantly reduces the time for consideration of cases. The resulting definition as a general rule can be challenged.