The Supreme Court of the Russian Federation has prepared a draft law, which introduces a number of changes to the Civil and Arbitration Procedure Codes, as well as to the Code of Administrative Procedure. The proposed changes are intended to reduce the load
to courts, simplify and speed up the proceedings, while increasing the quality
and the effectiveness of justice.
Following the CAS RF, it is proposed that only representatives with a higher legal education be allowed into civil and arbitration proceedings. In addition to confirming credentials, representatives will also need to show the judge a diploma of higher legal education. At the same time, at the request of the representative, an attorney may participate in the court, who is only entitled to give oral and written explanations or receive documents on the case.
It is also proposed to expand the list of cases in which the court of first instance may not draw up a reasoned decision on the considered case. Thus, court decisions will contain only an introductory part and the decision itself without explaining its motives. Full judicial acts with a motivation part will be drawn up at the request of the persons participating in the case, in the case of an appeal, as well as for several mandatory categories of cases. In addition, a reasoned decision can also be drawn up at the initiative of the court itself.
It is proposed to make changes to the procedure for considering cases in the appellate instance. So in a civil or arbitration process, the court of second instance, if the amendments are adopted, will be able not to draw up a reasoned ruling if the decision of the court of first instance is left unchanged, provided that the applicant repeated the same arguments as in the court of first instance, and when considering the case, the court of appeal did not accept new evidence.
In addition, the arbitration courts of appeal, as a general rule, will consider cases alone, and in the case of reconsideration of cases considered in summary proceedings, without a court hearing and without notifying the parties on the evidence in the case. At the same time, the judges can summon the parties in the event that they find the case difficult.
The proposed amendments also expand the category of cases that are considered in a simplified manner. In particular, disputes of up to 500,000 rubles will be considered in a civil procedure in a simplified manner. and up to 1,000,000 rubles. in the arbitration process.
The draft law of the Supreme Court of the Russian Federation establishes that a change in judicial practice will be considered a new circumstance, giving rise to a reason to cancel the previous decision. In particular, the definition or change in the practice of applying a legal norm will be considered a new circumstance:
– in the resolution of the plenum of the Supreme Court of the Russian Federation;
– in the resolution of the Presidium of the Supreme Court of the Russian Federation, adopted
based on the results of consideration of a specific case by way of supervision;
– in the review of the judicial practice of the Supreme Court of the Russian Federation, approved by the Presidium of the Supreme Court of the Russian Federation.
The general condition is an indication in the relevant act of the Supreme Court of the Russian Federation on the possibility of revising the judicial acts that have entered into legal force in force of this circumstance.
Some of the changes in the State of the Russian Federation are proposed to be made according to the model of the A of the Russian Federation, which have proven themselves well. So the party to the civil procedure will be obliged to independently send other participants in the case documents that they do not have (including a statement of claim with attachments). Also, the parties will independently monitor the progress of the process on the court’s website on the Internet, information on which, with the introduction of this change, will be updated more quickly. And in case of an increase in claims during the proceedings, the state fee will need to be paid, otherwise the court will not continue the consideration of the case.