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"СУД СКОРЫЙ, ПРАВЫЙ, МИЛОСТИВЫЙ": ПОЛТОРА ВЕКА В ПОИСКАХ AUREA MEDIOCRITAS (ОКОНЧАНИЕ)

Вестник гражданского процесса. 2018. Т. 8. № 3. С. 278-293.
Тай Ю. В., Смола А. А.

In the second part of the article, the authors continue to analyze the changes in the Civil Procedure Code of the Russian Federation and the Arbitration Procedure Code of the Rus sian Federation proposed by the bill, which was introduced by the Supreme Court of the Russian Federation in the beginning of October 2017 to the State Duma for consideration. In particular, the risks and consequences of the possible cancellation of the motivating part of judicial acts as an obligatory component thereof, the impact of such an initiative on jus tice in general, on the rights and legitimate interests of the participants in the process, and on the level of professionalism of the judiciary are assessed. In addition, taking into account the existing prerequisites and approaches, the authors analyze changes regarding jurisdic tion, rules of appearance in court and court expenses. According to the authors, this legis lative initiative is incorrect, and already criticized by many representatives of the legal com munity. The authors consider the issue in its more procedural and applied aspects. The idea looks as a very simple way to solve the eternal problem of overburdening of judges, but in fact this plan is extremely dangerous and hides many problems and questions. The authors warn of the disastrous consequences for justice, the rights and interests of citizens.