Dispute over Law as a Criterion for Delineating Types of Civil Proceedings
Annotation
This article reflects the main ideas proposed by the authors to deepen the research on the dispute over the law in terms of the criterion for distinguishing between types of civil proceedings. The authors analyze the legal structure of the dispute over the law, provide a comparative analysis with related legal structures, and attempt to identify the structural elements of the dispute over the law. It is noted that these elements must be established as a whole. The article points out the need to develop a legal procedure that regulates the direct transition from special to claim proceedings, taking into account the sufficient prospect of generating a dispute over the law in connection with the establishment of a fact under the rules of special proceedings, which is confirmed by judicial practice. This will contribute to the real implementation of the guarantee of ensuring the right of citizens to justice within a reasonable time. The article also concludes that the introduction of such a procedure meets the requirements of a balanced simplification of the judicial process
Keywords
| Type | Article |
| Information | Arbitrazh and Civil Procedure № 05/2026 |
| Pages | 7-11 |
| DOI | 10.18572/1812-383X-2026-5-7-11 |
