According to article 2 of the Code of Civil Procedure of the Russian Federation, which sets out the tasks of civil proceedings, as well as article 12 of this Code, which states that its principles are adversariality and equality, litigation in civil law implies active participation in the meeting of the persons involved in the case. Therefore, they must be properly notified of when and where it will take place.
Instructions
Step 1
After analyzing the legislative acts of our state that regulate this issue, you can see that none of them provides an exhaustive list of ways to notify the defendant. It must be said that international law also does not limit the field of activity of the courts in this area. One condition is mandatory: the case must contain materials that prove the fact that the defendant received such a notice.
Step 2
Today, the most common form of notification is a subpoena. However, the defendant often by all means avoids obtaining such a document, which is why the process is disrupted and greatly delayed. There are times when the plaintiff gets tired of the constant disruptions of meetings and abandons the claim.
Step 3
Also, courts often transmit notices through the plaintiff himself, who has the greatest interest in the fastest possible consideration of the case. However, with all the effectiveness of this method, there are often cases when the defendant simply does not take such a notice from his opponent and does not give a receipt that he was notified of the time and place of the court session. As a result, the plaintiff cannot provide the court with any evidence that the defendant is aware. And again the meeting is disrupted.
Step 4
Sometimes the court decides to notify the defendant at the place of work. However, there are also pitfalls here: either the defendant simply does not have a permanent job, or the plaintiff does not know where his abuser works and cannot provide the necessary information to the court. In general, if the given examples are absent, then this method of notification can be considered very effective.
Step 5
The delivery of the summons through a courier is often quite effective. However, given the fact that there is no such full-time position in Russian courts, their involvement from outside turns out to be quite costly in material terms.
Step 6
Effective ways to improve the system of notification of the defendant in civil proceedings could be the following changes: the introduction of the post of a courier in the staff of the courts. Its effectiveness is explained by the fact that the courier is an uninterested person in the case, accordingly, even if the defendant refuses to receive a summons and give a receipt, the employee's report on the refusal will be sufficient evidence in the case; sending SMS messages and letters via e-mail, especially since this method has already been tested in some cities and has shown fairly good results.
