Глава 10. Наказне провадження як структурний компонент цивільного процесу

The scientific study is devoted to establishing the characteristic features of order proceedings as a simplified type of civil proceedings and a structural component of the civil process, as well as its diffe­ rences from lawsuit proceedings.
The role of order proceedings in the optimization of civil pro­ceedings as a judicial procedure, which provides the possibility of fulfilling the tasks of civil proceedings with minimal expenditure of resources (effort, money, time) both on the part of the state and on the part of the participants in the judicial process, is defined. It was concluded that any simplification of the judicial procedure, if it does not harm the principles of civil justice and does not lead to a violation of the right of the participants in the judicial process to a fair trial, can be considered optimization of civil justice.
The question of what exactly should be understood by the indis­ putability of the requirements of order proceedings, and whether this is synonymous with the absence of a dispute about the right, is considered. It is concluded that the requirements of the order proceeding are potentially uncontested, but not because of the absence of two parties with opposing legal interests. The indisputability of the requirements of the order proceeding is not determined by their material and legal nature, but by the subjective attitude of the participants in the legal relationship, primarily the debtor, to them. Order proceedings are based on the assumption that a conscientious person will not deny obvious things. That is why the most simple and obvious from the point of view of legal and factual justification legal requirements are considered in order of order proceedings. If the debtor submits an application to the court to cancel the court order, he thereby demonstrates his disagreement with the applicant’s requirements, thereby confirming the existence of a legal dispute.
The features of order proceedings are outlined, among which: the simplification of injunctive proceedings manifests itself, in particular, in the reduction of the number of procedural actions in injunctive proceedings, which leads to a reduction in stages; limited by requirements for collection of funds; special subject composition; narrowed range of civil procedural rights of participants in injunctive proceedings and court procedures; a feature of the procedural document that initiates the consideration of the case in order of mandatory proceedings; simplified process of judicial evidence; a special final judicial act and a special procedure for appealing it. Some features of the court order, its content, classification and appeal procedure were studied.
A study of the judicial procedure regarding the issuance of the European Order for Payment Procedure and its comparison with the procedure for issuing a court order in accordance with the Ukrainian procedural legislation was carried out.