Enforcement of Judicial Acts in Simplified Proceedings: Problems of Protecting Bona Fide Defendants

Abstract

Introduction. The article is devoted to a detailed study of the features of the consideration of cases in simplified proceedings in the arbitration process. The authors analyze legislative changes that are aimed at improving the effectiveness of this institution. To illustrate the dynamics of the number of cases dealt with in a simplified manner, statistical data are provided showing a gradual decrease in the number of such cases.Methodology and materials. The study is based on an analysis of Russian legislation, judicial practice, as well as scientific legal literature. The statistical research method and a systematic approach are used as a methodological basis to identify problematic aspects of the execution of judicial acts in simplified proceedings by bona fide defendants.Research results and their discussion. In the study, the authors examined the key advantages of simplified proceedings, such as shorter case processing times, lower court costs, and increased accessibility to justice. However, special attention is paid to emerging problems related to the immediate execution of judicial acts adopted under this procedure, which may create difficulties for bona fide defendants. The article substantiates the need to exclude provisions on the immediate execution of judicial acts from the arbitration procedural legislation. This step is defined by the authors as a necessary direction for the protection of the interests of bona fide participants in the process, the prevention of unjustified penalties and a significant reduction in risks for the defendants.Conclusions. The authors propose to review the procedure for the execution of judicial acts adopted as a result of the consideration of cases in a simplified manner, taking into account the analysis of current practice and identified problems. It is determined that the proposed measures will help maintain a balance between the interests of the plaintiff and the defendant, ensure the fair nature of the trial and strengthen trust in the judicial system, eliminating the opportunities for abuse. The authors emphasize the need for further research and improvement of the procedure for the execution of a judicial act adopted based on the results of a simplified case review. The results of the study can be useful for practicing lawyers, as well as for the development of legislative initiatives in the field of arbitration.