Modification of the Procedural Form in Civil Proceedings as an Integral Element of Judicial Competence

In this article, the author analyzes the concept of «judicial competence» and summarizes prevailing views regarding its distinction from the closely related institutions of jurisdiction, competence, and jurisdiction in civil proceedings. It is concluded that judicial competence does not pertain exclusively to the external aspects of judicial activity, as do the above-mentioned categories, which establish only the procedural connection between a dispute and the specific court authorized to hear it. Judicial competence is also expressed through the material connection between a dispute and the procedural form in which justice is achieved through the most effective and sufficient means characteristic of the relevant type of legal proceedings. The author believes that it is ultimately the court’s responsibility to establish such internal connections and create the conditions for a timely change in the procedural form if the plaintiff (applicant) has made an incorrect choice.