Implementation of the Principle of Immediacy in Summary Proceeding

The article analyzes the problems of implementing the principle of immediacy of litigation in simplified proceedings. The main attention is paid to the situation that develops if it is impossible to draw up the reasoning part of the decision by the judge who made up its resolutive part (due to prolonged illness, resignation, transfer to another position, etc.). The author criticizes the current practice of refusing to satisfy requests for a reasoned decision in such a case by another judge, appealing only the resolutive part of the decision and sending the case for new consideration under the general rules of claim proceedings. It is proposed to develop a special mechanism for replacing the judge who examined the case and made the resolutive part of the decision, which allows to maintain a balance between the need to comply with the principle of immediacy and the effectiveness of simplified proceedings.

Authors

Publication Details

Journal
Arbitrazh-civil procedure
Published
2026-11-05
DOI
https://doi.org/10.18572/1812-383x-2026-11-18-22
Primary Topic
Legal processes and jurisprudence
Type
article
Field-Weighted Citation Impact
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article

Implementation of the Principle of Immediacy in Summary Proceeding

Дорофеев Егор Владиславович
Arbitrazh-civil procedure
Legal processes and jurisprudence
article

Implementation of the Principle of Immediacy in Summary Proceeding

Дорофеев Егор Владиславович
article en

Abstract

The article analyzes the problems of implementing the principle of immediacy of litigation in simplified proceedings. The main attention is paid to the situation that develops if it is impossible to draw up the reasoning part of the decision by the judge who made up its resolutive part (due to prolonged illness, resignation, transfer to another position, etc.). The author criticizes the current practice of refusing to satisfy requests for a reasoned decision in such a case by another judge, appealing only the resolutive part of the decision and sending the case for new consideration under the general rules of claim proceedings. It is proposed to develop a special mechanism for replacing the judge who examined the case and made the resolutive part of the decision, which allows to maintain a balance between the need to comply with the principle of immediacy and the effectiveness of simplified proceedings.

Arbitrazh-civil procedure
Openalex Percentile: Top 5%
Legal processes and jurisprudence
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