Problems and development prospects of order proceedings in civil and administrative procedure in the Russian Federation

This article is devoted to the scientific and practical problems of writ proceedings, including: the possibility of recovering claims for the provision of services by representatives of housing and communal services; complete absence of statute of limitations; no distinction between the concepts of "debtor", "potential debtor", as well as "debtor who previously acted as a recoverer"; lack of force of an enforcement document for rulings on the cancellation of a court order; the disputable status of the need to pay the state duty when the execution of the court order is reversed by the former debtor, including repeatedly after the trial in the claim proceedings. The study includes a brief retrospective analysis confirming the continuity of writ proceedings in modern Russia since the reforms of Emperor Alexander II, as well as an overview of the issues raised by other authors from 2022 to 2025. In addition, the article provides a list of possible grounds for the cancellation of court orders, as well as explains the principles on which such grounds are approved by magistrates' courts in relation to individuals, according to which any documentary evidence of the subject's non-presence at the place of registration at the time of hypothetical receipt of correspondence restores the period for filing the relevant objections. Particular attention is paid to the types of abuse of civil law in writ proceedings: cancellation of old court orders on dubious grounds; lowering the threshold of the claim for collection. The author characterizes the unreasonableness of the state duty in the reversal of the execution of a court order as a common problem, which is confirmed by the contradictory interpretation of the provision of subparagraph 13 of paragraph 1 of Article 333.19 of the Tax Code of the Russian Federation. In conclusion, the author proposes to introduce a simplified procedure for reversing the execution of court orders when filing appropriate objections to old court orders, to exclude the possibility of writ proceedings for the recovery of housing and communal services, as well as to introduce a statute of limitations for initiating writ proceedings of 5 years