УДК 347.9

The role of a court order in civil proceedings

Шагимарданова Резеда Альбертовна – студент магистратуры Института права Уфимского университета науки и технологий.

Научный руководитель Хазиева Рушана Рауфовна – кандидат филологических наук Уфимского университета науки и технологий.

Abstract: the article defines the role of court order in civil proceedings, describes the main theoretical statements. A court order has the force of a judicial decision and is an available tool for dispute adjudication.

Keywords: court, court order, agreement, civil procedure.

Civil procedure is an important component of the judicial system aimed at adjudicating disputes on civil-law relations between individuals and legal entities. Bogolyubov L. N. gives the following definition: "Civil procedure is an activity of the court, people participating in the case and other participants of legal proceeding regulated by the norms of civil procedural law" [1]. It covers a wide range of issues such as contractual relationships, property, inheritance, alimony and many other aspects of civil law. Civil procedure tends to ensure fairness and protection of the participants' rights, to observe the rules of procedure and principles of legality.

A court order in civil procedure is a judicial act that is issued by a magistrate unilaterally on the plaintiff's application for the recovery of money or the vindication of movable property from the debtor on the requirements provided for by Article 122 of the Civil Procedure Code of the Russian Federation without a trial [2]. This mechanism allows to simplify and speed up the process of case consideration and ensure prompt fulfillment of requirements. The court order plays a significant role in civil procedure, ensuring accessibility of justice, reducing the caseload on the judiciary and increasing the efficiency of adjudicating civil disputes.

The history of the court order goes back to ancient times. Analogues of the modern court order can be found in various cultures. In Roman law, similar documents were called "interdictum" and "mandatum". However, in more modern history, the court order as a legal instrument began to develop rapidly in the 19th century. A significant breakthrough in the development of the court order institution was the introduction of the Statute of Civil Procedure in 1864. This document defined the categories of disputes that could be adjudicated through summary proceedings. These included lawsuits for debts for goods, cases on the hire of residential premises, claims for the transfer of property for storage, as well as claims for the fulfilment of contracts and obligations [3].

Precedents for the use of a court order are formed on the basis of the practice of applying legislation and court judgements, which are evaluated and taken into account when making new judgements in similar cases. It is also important to note that the principles of the court order may vary from jurisdiction to jurisdiction depending on peculiarities of legislation and court practice.

A court order is usually regulated by special legislative acts or the Civil Procedure Code. In Russian law, it is the Civil Procedure Code, which contains norms defining the procedure for issuing a court order, its execution, as well as the rights and obligations of the parties in this process.

The procedure for issuing a court order usually begins with the plaintiff filing for application with the court requesting its issuance. After considering the application, the court decides whether to issue or refuse the order. In case of a favourable decision, the court composes the text of the court order, which is then handed over to the plaintiff and subject to execution.

In the process of issuing a court order, the plaintiff has the right to protect his interests and present his evidence in court. He is also obliged to provide the court with all the necessary information and documents to issue an order. If the court order is received, the defendant is obliged to execute it within the time allowed by law. He also has the right to appeal in case he disagrees with the court's decision. It should be noted that willful non-compliance with the court order is criminally liable (Article 315 of the Criminal Code of the Russian Federation).

Consider a court order in comparison with arbitration and ordinary legal proceeding.

Table 1. Comparative table.

-	Court order	Arbitration	General jurisdiction court
Time expenditure	The process of obtaining an order is simple and quick, based on documentary evidence.	The process is time-consuming and requires a hearing.	Time-consuming, hearings and court procedures are required.
Dispute adjudication	Accepted by the court based on the evidence and facts provided without the participation of the parties in hearings.	Parties have the opportunity to present their arguments and evidence before the court.	Parties have more opportunities to protect their interests through the presentation of arguments and evidence at hearings.
Scope of regulation	To resolve simple civil disputes quickly.	To resolve controversial disputes.	A decision is made by the court after holding a hearing and considering the arguments and evidence of both parties.

The choice between them depends on the specific situation, degree and subject matter of the dispute.

The role of a court order in civil proceedings includes several important aspects:

Acceleration of the process of civil cases consideration.

A court order is based on written documents and does not require lengthy court hearings. Thanks to this procedure, it is possible to obtain a court judgement quickly without having to wait for the appointment and a hearing.

Facilitating access to justice for individuals and legal entities.

A court order provides individuals and legal entities with a more accessible and cost-effective way of obtaining a court judgement in civil disputes.

It eliminates the need for expensive legal services or lengthy court proceedings, thus facilitating greater access to justice.

Effectiveness and problems of court order execution.

Court orders are binding and can be enforced in case of non-compliance. The ultimate goal of legal regulation is to achieve the well-being of society, which constitutes social benefit, competent public policy, and social justice [4].

However, there may be problems with the execution of court orders, especially if the debtor does not have sufficient funds to satisfy the claims, which may require additional legal processes to recover the debt.

Thus, a court order has the force of a judicial decision, while remaining an accessible tool for resolving disputes.

Bibliography

Bogolyubov L.N., Averyanov Yu.I., Belyavsky A.V. / Ed. Bogolyubova L.N., Lazebnikova A.Yu., Telyukina M.V. Social science. Grade 11. A basic level of. – M.: Enlightenment, 2022.
“Civil Procedure Code of the Russian Federation” dated November 14, 2002 N 138-FZ (in edition of December 25, 2023, as amended on January 25, 2024)
Buravitsky N.A., Gubaidullina E.Kh. Judgment in civil proceedings: concept and problems // International Journal of Humanities and Natural Sciences. 2022. No. 1-2. URL: https://cyberleninka.ru/article/n/sudebnyy-prikaz-v-grazhdanskom-protsesse-ponyatie-i-problemy (access date: 04/11/2024).
Хазиева, Р. Р. Проблема слияния справедливости и права в общественно-правовых воззрениях Б. Н. Кардозо / Р. Р. Хазиева, Р. В. Саттарова // Евразийский юридический журнал. – 2023. – № 11(186). – С. 550-551. – DOI 10.46320/2073-4506-2023-11-186-550-551. – EDN OWRLDQ.