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Company / Laws

Complaint procedures for dispute resolution in the APC RF

Legal aid 05.07.2017 at 18:10

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Currently in the arbitration process compulsory pre-trial dispute settlement procedure for all categories of cases arising from civil legal relations.

the exceptions are the following cases:

for the protection of the rights and legitimate interests of individuals; the insolvency (bankruptcy); on awarding compensation for violation of the reasonable time of proceedings or execution of court decisions concerning establishment of facts of legal significance; corporate disputes; challenging the decisions of arbitration courts.

by virtue of paragraph 7 of the Resolution of Plenum of the Supreme Court of 27.12.2016, No. 62 "On some issues of application by courts of provisions of the Civil procedure code of the Russian Federation and the Arbitration procedural code of the Russian Federation on simplified proceedings" For claims arising from civil legal relations, acceptance by the creditor and the debtor binding measures on pre-trial settlement provided for by part 5 of article 4 of the APC, to appeal to the arbitration court with the statement for court order is not required.

Thus, upon presentation of the application on a court order in the framework of the APC, the presentation of pre-judicial claim is not required.

the Federal law of 01.07.2017, No. 147-FZ "On amendments to article 1252 1486 and part of the fourth Civil code of the Russian Federation and articles 4 and 99 of the Arbitration procedural code of the Russian Federation" in part 5 of article 4 of the APC changes. Named part as follows:

"civil disputes on collection of funds for claims arising from contracts and other transactions, unjust enrichment, can be referred to the resolution of the arbitration court after the adoption by the parties of measures on pre-trial settlement upon expiry of thirty calendar days from the date of the claim (claims), if certain period and (or) the procedure is not established by law or contract. Other disputes arising from civil legal relations are to be settled in the arbitration court after compliance with pre-trial settlement of dispute only if such procedure is established by Federal law or contract. Economic disputes arising from administrative and other public legal relations, can be referred to the resolution of the arbitration court after compliance with pre-trial dispute settlement procedure if such procedure is established by Federal law....".

Thus, a mandatory dispute settlement procedure remains a dispute about the recovery of funds (for transactions (contracts) or for obligations of unjust enrichment, and other disputes mandatory pre-trial dispute settlement procedure is retained if it is set by law or contracts. In addition, the above exceptions also remain in force. The changes made to the above-mentioned Federal law shall enter into force on 12.07.2017 G.