Optimization of the Legal Regulation of Preparation of a Civil Case for Hearing

Abstract

The article proves the need to prepare a case for trial as an obligatory stage in the civil process. In present times there is an ineffective implementation of the norms regulating the preparation of a case for trial, norms are ignored during legal proceedings in specific civil cases. One of the factors for this problem is a lack of clarity and consistent legal regulation. Many procedural norms, related to the implementation of preparatory procedures, are set out in the framework of other institutions (proof, filing a claim). Within the law norms on preparation constitute underdeveloped complexes that represent a large degree of discretion to the court; the institution of preparation is not structured. The author proposes both a normative adjustment of the rules for preparing a case and the improvement of this institution through the law-interpretation activity of the judicial authorities.