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Article

Эволюция производства по делам об установлении юридических фактов

Российское правосудие. 2019. № 3. С. 26-34.

the purpose of the study is to identify the main features of the theoretical and legislative design of proceedings for establishing facts of legal significance. The research method is historical and dogmatic. Based on the analysis of the history of the emergence and development in civil procedural law of proceedings on cases of establishing legal facts, the author concluded that the original purpose of the proceedings was to standardize the court's complementary activities vis-à-vis the executive authorities. However, over time, due to the theoretical development of procedure by proceduralists, it became perceived as a kind of specific form of justice. At the present time, given the high burden on the judicial system and the applicants' abilities to abuse procedural rights, the interpretation of proceedings as a form of justice is not the best. The author made predictions about the possible disappearance of this institution of law or a change in the direction of its practice.