Order production is the oldest judicial practice, elements of which are already found in Roman law. Since 1995, the court order has been revived in the Russian legal proceedings. However, the scope of the order production and its possibilities are limited.
Order production is one of the forms of summary proceedings. The purpose of the introduction of this form is to simplify the procedure of some court proceedings for the participants in the process.
The provisions on the court order are governed by the Code of Civil Procedure of the Russian Federation in Ch. 11 section "Proceedings in the court of first instance".
Signs of order production
In the case of judicial proceedings, there is no legal proceeding as such, and the court decision (order) is made by the judge alone on the basis of the submitted documents.
A court order can be issued only in the absence of any hints of the absence of a dispute, that is, the main sign of a court order is indisputability.
Positive aspects of order production
In the ordered proceedings, there is no need to be personally present at the trial. The judge single-handedly examines the submitted documents and, based on the analysis, within a period not exceeding 5 days, makes a decision, in this type of proceedings - an order.
A clear plus of the clerical proceedings is efficiency.
The court order is both a court decision and an executive document. That is, the debtor who received the order is obliged to comply with the decision immediately.
The issuance of a court order does not provide for verification of the submitted data, therefore, any amount claimed by the recoverer can be presented for the award.
The court order is not subject to appeal.
Cons of order production
The disadvantages can be divided into two categories, one of which is the insufficient elaboration of legislative norms for the full-fledged legal regulation of the order production.
Problems can arise when a case is admitted to a judge. Some of the provisions of the Code of Civil Procedure concerning the order production have different interpretations, allowing the judge to act at his own discretion. For example, initiation of a case may be refused if information about the place of residence of the debtor is not provided.
The issuance of an order can be carried out only on the grounds outlined by a limited list of requirements indicated in Art. 122 Code of Civil Procedure of the Russian Federation.
The second category relates to order execution mechanisms. The order is subject to mandatory cancellation by the court, if the debtor receives an objection within 10 days, and it is not necessary to indicate the legal position in the objection, it is enough to express disagreement with the absentee form of the case.
Therefore, some scholars are inclined not to single out the court order in a separate legal proceeding, but to consider it as a pre-procedural procedure, which has an alternative character, during which the controversial or indisputable issue is clarified.
