Theoretical problems of absentee proceedings in civil proceedings

Barinov Andrey Viktorovich, Kuznetsova Natalia Vladimirovna, Ryabova Olga Alekseevna

The article examines the most acute problems of absentee proceedings in civil procedural legislation. Based on the study of scientific literature and clarifications of judicial practice, the situation with the notification of the defendant about the consideration of the case under the conditions of "fiction of the notification" is analyzed. The issue of the plaintiff's lack of choice between the general and correspondence procedure for the consideration of the case was considered. The problem of the double method of appealing against the decision in absentia is investigated. Theoretical analysis of the identified problems led to the conclusion that the norms of absentee proceedings have significant shortcomings and require improvement in the areas proposed in the work.

Keywords:absentee proceedings, defendant's notice, failure to appear at the hearing, cancellation of a decision in absentia, delaying the trial.