Transition from one type of legal proceeding to another after the commencement of the proceedings

The author has conducted a detailed analysis of the mechanism of transition from one type of legal proceedings to another after the initiation of proceedings in the court of first instance; the problems of its legal regulation are outlined. The author uses official statistical data to track the effectiveness of the institute of changing the order of consideration of civil and administrative cases. With the help of rich empirical material the problems arising in solving the issue of transformation of procedural order are revealed. General and special methods of scientific research (historical, comparative-legal, method of dialectical cognition, formal-logical method of interpretation of law and method of system analysis) formed the methodological basis of this study. The author has identified the shortcomings of normative-legal regulation of this institute, suggested ways to improve the procedural legislation. The author analyses the procedure of procedural registration of the change of the type of legal proceedings after the initiation of proceedings in the court of first instance. The conclusion is made about the necessity for the court to issue an independent judicial act in the form of a motivated court ruling; the impossibility of its appeal. The question of availability of grounds for transferring the case on jurisdiction to another court has been studied in detail. The author took the position that the transfer of the case to the court of jurisdiction does not contradict the principle of invariability of jurisdiction. It has been established that after the transition the replacement of a judge should not be made arbitrarily, but in accordance with the principles of formation of the composition of the court established in part 3 of article 14 of the Code of Civil Procedure of the RF, part 1 of article 28 of the CAS of the RF, and be fixed by a procedural act. In turn, the absence of the necessary procedural registration of the replacement of judges in the form of a separate definition should be an unconditional ground for the cancellation of a court decision as issued in an illegal composition of the court. The issue of the consequences of procedural actions that were performed before the transition to the implementation of legal proceedings under the rules of another procedural code has been studied separately. Based on the goals and objectives of justice, the grounds for the introduction of the institute of transition from one type of legal proceedings to another, it is proposed to go the way of preserving the legal significance of all procedural actions that were committed before the definition of transition. The author declares no conflicts of interests.

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