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Writ as a simplified form of civil procedure. Writ of execution - Елизавета Камзина, Николай Камзин

Writ as a simplified form of civil procedure. Writ of execution

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The concept of streamlined production and the importance of efficiency in certain scenarios undoubtedly hold merit. However, implementation of this idea can only be successful through a careful balance of security and economic considerations. It is crucial to strike a harmonious equilibrium between protecting one's interests and minimizing costs.

Writs, a type of court order, serve as authoritative legal documents issued by a judge upon receiving an application to recover funds or personal assets from a debtor. These writs are based on indisputable evidence provided by the creditor, solidifying their claims against the debtor. This simplified form of civil procedure expedites the resolution process and optimizes resources, particularly in cases involving violations of private law where both parties seek an amicable settlement.

The underlying principle of this framework is to treat each case as a functional court decision tailored to its unique circumstances. From a procedural standpoint, the creditor benefits from a significantly reduced effort and time investment compared to conventional routes of restoring their violated rights.

Adding my own perspective to this discussion, it is worth noting that while the simplified production process has numerous advantages, it is essential to maintain a fair and just legal system. Striking the delicate balance between expediency and ensuring the full protection of rights is crucial for the effective functioning of any legal framework. By upholding this delicate equilibrium, societies can promote an environment that fosters innovation, productivity, and economic growth.

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Introduction

From the content of the concept of «social contract» (Hobbes), in our minds is modeled following picture – people in a state of «Bellum omnium contra omnes»[1](the war of all against all), based on the basic instinct of «self» conclude an agreement on the formation of the NGO – State in which they, as founders, become citizens. The state provides them a stable and peaceful coexistence and development, and they support the functioning of the state through education of management and implementation mechanisms of power, through the funding of the structure.

Mechanisms for the implementation of government (the main issues addressed in the state) – the rules of conduct in relation to the management of social processes. Governments and citizens – subjects of these relations. Content of their powers and are of corresponding security measures.

With the development of the state, it highlighted the scope of citizens, there are external contacts. Citizens are becoming more of freedom in their activities because of their presumption civilized behavior. And the state due to the presence of an obligation arising from an «agreement» provides the mechanisms to maintain stability.

The Company was formed, and secondly, due to the proprietary instincts of man (first of all, thanks to self-preservation instinct). Д.В. Дождев on the contumacy property and personality, wrote: «The property constitutes the subject of legal communication – free individual, providing him financial independence»[2].

The right of ownership is the most important concept. Legislator in the Basic Law is reflected in Part 2 of Art. 8 and Part 1 of Art. 35.

According to Part 3 of Art 35 Russian Constitution, no person shall be deprived of his possessions except by court order. To implement the law properly, you need a mechanism that in view of the characteristics of the violated rights would restore balance to the relationship.

The relevance of the research topic due to the fact that the institution of a court order and is by this mechanism. This is a simplified view of production cost in the aspect of time and money, undeniable. With the help of a violation of law arising out of legal relationships that are settled in private, and some other method, is drawing attention of the state and claimed by the creditors to recover from the debtor's money or personal property.

In the author's attention is focused on the following issues: the history and development of the injunction and its essence, the base issue the injunction, writ stage of production.

The topic chosen by the author due to the fact that the implementation of the writ of the Institute is very common in practice, especially in the present reality. At the stage of the economic boom was reversed production, which certainly does not negate the right of the claims of creditors against debtors in default.

The object of research – Institute of injunction as a kind of judicial decisions on certain civil legal cases to the absence of a dispute between the parties.

Purpose – to explore the history of the institute injunction, as a form of summary proceedings, to determine its concept and essence, the structure of the injunction as the court decision. Analyze reasons issuance of the writ. Select and explore stages of production clerk, as a mechanism for implementing the writ of the Institute.

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