Спір про право у наказному провадженні

Abstract

Article is devoted consideration of a key question of mandatory proceeding in civil process – rules about absence of dispute in requirements which are shown as mandatory proceeding. On the basis of the spent analysis of theoretical positions of institute of mandatory proceeding, the current legislation and materials of judiciary practice the author offers to exclude from the Civil remedial code of Ukraine a rule about absence of dispute in requirements which are shown as mandatory proceeding.