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Company / Laws

Significant changes to the civil procedure code of the Russian Federation in 2017.

Legal aid 17.07.2017 at 11:41

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Each year a calculation of the total number of civil cases considered by courts of General jurisdiction, including increased load on the justices of the peace. At introduction in action of the code of civil procedure of the Russian Federation was not so strong load on the number of cases. Of course, there are objective reasons for which the calculation of the total number of civil cases before courts of General jurisdiction. The increase in the number of civil cases has occurred due to an increase in disputes arising from credit (debt) relationships, as well as due to disputes in the collection of utility bills.

the provisions of part 3 of article 157 of the code of civil procedure of the Russian Federation establishes the fundamental principle of continuity of court session, according to which a hearing on each business occurs continuously, except for time appointed for rest. Until after the review commenced business on or before the adjournment of its proceedings, the court may not consider other civil, criminal, administrative cases and cases on administrative offenses. In view of these principle when announcing the break in the trial for a few days, the judge may not consider other business, if even the case, based on the nature of the dispute are not complex. When it comes to judges to appoint meetings in other cases at a later date of assignment of the hearing, that affects the timing of consideration of civil cases. The principle of continuity of court session is not in arbitral and criminal proceedings, unlike civil process.

In the State Duma a bill which proposes to make a number of amendments to the civil procedural legislation of the Russian Federation. So, in honor of the draft Federal law "On amendments to the Civil procedural code of the Russian Federation" proposes to exclude the principle of continuity of court session of the CPC RF, which should facilitate quick and timely consideration of civil cases. In the new edition of part 3 of article 157 of the RF CPC, the court is entitled to consider other matters, if the scheduled break in the hearing.

According to part 3, 4 article 169 of the RF CPC proceedings in the case after his deposition starts again. If the parties do not insist on the repetition of explanations of all participants of process, familiar with the case, including explanations of participants of process, data earlier, the court has not changed, the court may provide an opportunity for the participants in the process informed to confirm these explanations without repeating them, complement them, ask additional questions. Retrial after adjournment of the hearing in the same composition of the court and the parties to the case, leads to an increase in time of consideration of the case and the General term of consideration of the case. The draft Federal law proposes to amend article 169 of the code of civil procedure of the Russian Federation, according to which, the consideration of matters after the break in the court session begins from the point at which it was deferred. Also on the new edition of part 3. article 169 of the code of civil procedure of the Russian Federation reconsideration of the evidence will not be made if the evidence before the break was considered.

currently, all the missed procedural deadlines, including deadlines for the submission of appeal or cassation restored the court of first instance at the request of the Complainant. Named project of the Federal law is also expected to change the order of restoration of term on filing of the appeal to Judicial Board on civil cases of the Supreme court. In the new wording of article 112 of the code of civil procedure of the Russian Federation passed for a good reason, the period for filing a cassation appeal to the Judicial Board on civil cases of the Supreme court of the Russian Federation is entitled to be restored the judge of the armed forces when considering the adoption of cassation complaint for consideration. Definition of restoration of the missed procedural term for submission of the appeal or refusal of relief may be appealed by filing a private complaint to the Chairman of the Supreme court. In addition, if missed for a valid reason, the period for filing Supervisory appeals is also entitled to recover judge of the Supreme court of the Russian Federation.

Thus, changing the order of restoration of term on filing of appeals to the Judicial Board on civil cases of the Supreme court of the Russian Federation should lead to the acceleration of civil procedure.

currently, the draft Federal law has been adopted in the second reading the State Duma.