Writ proceedings in arbitration process

Abstract

In the judicial and arbitration practice of implementing the norms of the institute of writ proceedings, individual problems are identified that require scientific analysis and proposals for their resolution. The purpose of the article is a comprehensive consideration of the problems of writ proceedings in the arbitration process and the formulation of practically significant suggestions. The author examines legislative changes in the «threshold» values of the size of claims subject to resolution in the order of summary proceedings. He proposes an increase in the corresponding values in cases of collection of mandatory payments and sanctions, limits the claims subject to consideration in the order of simplified proceedings. He also analyzes the return and refusal to accept applications for the issuance of a court order and the cancellation of court orders. Solutions are proposed for cases where the debtor's objections are received after the established period has expired, but before the court order is issued, as well as when the stated claim and the supporting documents submitted by the applicant differ in amount towards a decrease. Arguments are given, including statistical data, confirming the demand for the institution of writ proceedings, and a conclusion is made about its effectiveness.