1.1. Bench warrant in the roman and medieval European law
The history of the institute injunction in civil proceedings is durable enough. He was known as the Roman law and jurisprudence of the middle Ages.
Simplified methods of resolving civil legal col-manifolds have been developed as a result of a long historical development. In ancient Rome, along with the usual civil procedural procedures used special forms of legal protection of the violated right, is a modification of the administrative and legal action. One of these forms was the interdict, in other words, consular or praetor orders by which the state power to intervene in civil matters.
Consul (Pretoria) conducted a special investigation, referred to as «causae cognitio», and if admitted, that there is any violation, order the offender to follow the imperative unconditional requirement[3].
Initially, the praetor gave the interdict after investigating the facts, and therefore interdict was an absolute and categorical order. But as the number of cases began to give praetor interdict without checking the facts, in the form of conditional orders. Thus, they began to have effect only when confirmed by the facts referred to by the applicant. Interdiction can be challenged. If the person, against whom the interdict was issued in the comfort of Pretoria, disputed the interdict and demanded appointment of a judge, this requirement is satisfied. The trial could lead to confirmation or interdict (and then he turned from a conditional order in unconditional), or to justify the defendant[4].
Medieval European law was characterized by simplified administration of justice, arising, probably due to the influence of Roman law, on the other hand, since the objective is a necessity to save time and money. К.И. Малышев said: «Already the medieval trading cities of Italy had to develop their special forms of abbreviated procedure for matters of trade, to collect on promissory notes and other indisputable documents for the arrest of debt penalties, etc. This division process in normal and reduced penetrated and then in other European countries, and in the subsequent history can be seen a constant desire to generalize the reduced form, and to accelerate the entire production. It often happened that the short form was introduced into the law as an exception, but in practice it became the rule, but on the contrary, the ordinary legal proceedings – exception»