波兰民事诉讼的简化程序

O.R. Kovalyshyn
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摘要

本文专门讨论波兰法律中的简化程序和电子命令程序。作者指出,快速(简化)程序在民事和商事司法实践中的作用相当重要,这不仅体现在快速程序中审理的案件数量上,也体现在以适当方式做出的判决数量上。作者指出,2019年发生了相当大的变化,其内容简化为扩大了简化程序顺序中审理案件的主题目录。在此之前,该程序仅适用于因具有约束力的合同性质的法律关系而产生的诉讼。需要强调的是,在经济案件中,简化诉讼程序的规定在不违背经济案件诉讼程序特殊性章节规定的范围内适用。此外,相关条款是由立法者专门针对国内简化程序而制定的,不适用于超国家的简化程序(欧洲小额索赔程序、欧洲支付令)。由此可见,在波兰民事诉讼程序中引入电子法院程序是整个司法系统数字化进程中的重要一步,相关的规范性文件也得到了实践的证实,为进一步的数字化制定了新的法律和信息技术标准。可以得出结论,电子禁令程序是 "普通 "禁令程序的一种特殊类型。其不同之处不在于该程序的目的和功能,而在于形式上的原因,即当事人与法院和执行服务机构之间采用公认的沟通方式,以及以电子形式下达命令和法院判决,并以电子形式将案件材料存档。
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Simplified proceedings in the civil procedure of Poland
The article is devoted to simplified proceedings and electronic order proceedings in Polish law. It is noted that the role of expedited (simplified) proceedings in the practice of civil and commercial justice is quite significant, as evidenced not only by the number of cases considered in expedited proceedings, but also by the number of decisions rendered in the appropriate manner.The author notes that in 2019 there were quite significant changes, the content of which is reduced to the expansion of the subject catalog of cases that are considered in the order of simplified proceedings. Before that, this procedure was intended exclusively for lawsuits arising from binding legal relations of a contractual nature. Civil cases arising from non-contractual obligations were considered on a general basis.It is emphasized that in economic cases, the provisions on simplified proceedings are applied to the extent that they do not contradict the provisions of the section on the peculiarities of proceedings in economic cases. What is more, the relevant clause is established by the legislator specifically in relation to national simplified procedures and does not apply to supranational ones (European procedure for small claims, European payment order). Thus, a differentiated approach was applied.It is noted that the introduction of electronic court proceedings in the Polish civil process was a significant step forward in the digitalization of the entire judicial system, and the regulatory documents regarding it, as confirmed by practice, set a new legal and IT standard for further digitalization.It can be concluded that electronic injunctive proceedings are a special type of «ordinary» injunctive proceedings. The differences arise not from the purposes and functions of this proceeding, but from formal reasons that are a consequence of the accepted methods of communication between the parties with the court and the executive service body, as well as the delivery of orders and court decisions in electronic form and the archiving of case materials in electronic form.
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