Annotation

This article is devoted to certain aspects of the writ proceedings in arbitration proceedings. In judicial practice, an approach is being formed on the impossibility of collecting penalties, interest under contracts within the framework of the writ proceedings, since it is necessary to have written evidence confirming the debtor's consent to the claimed amount, and also taking into account the opportunity provided by the legislator to reduce their size by the court, which indicates the existence of a dispute over the right, which must be considered in the claim proceedings. The author touches upon the issues of the optionality of compliance with the pre-trial dispute resolution procedure in the event of the arbitration court's refusal to accept an application for the issuance of a court order, the impossibility of reimbursement of legal costs within the framework of the order procedure (except for the costs of paying the state fee), supports the proposal to introduce the obligation of the debtor in the objections to justify his position on the merits of the claims presented, in connection with which it seems relevant to improve the legislation regulating the implementation of the writ proceedings.